
ILLINOIS 


Primary Election 


Laws 


In Force July 1, 1917 


Compiled by 

LOUIS L. EMMERSON 

Secretary of State 


[Printed by authority of the State of 
Illinois.] 









ILLINOIS 

Primary Election 
Laws 

In Force July 1, 1917 



AN ACT 

To Provide for the Holding of Primary 
Elections by Political Parties 

AN ACT 

To Provide for the Holding of Primary 
Elections by Political Parties for the 
Nomination of Members of the 
General Assembly and the 
Election of Senatorial 
Committeemen. 


[Printed by authority of the State of Illinois.] 






\<pi 



Schnepp & Barnes, State Printers 
Springfield, 111. 

1917. 

P1332—12M 


n. of D. 

uEC 23 1918 


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A 

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, 6 . U) . / 


INDEX TO PRIMARY ELECTION 

LAV/S. 


•V 




PAGE. 


Absent Voters—A ct regulating. 93 

construction of statute. ...104 

Affidavit— see “Forms.” 

Aldermen— under minority represen¬ 
tation . 14 

Anonymous Publications— 

prohibted .108 

Ballot Box —care and custody. 41 

separate for women. 42 

what used . 20 

Ballots— application for . 93 

canvass of.55, 90, 91, 103 

color, size, etc. 36 

custody of . 98 

deceased voter .102 

defective, objected to, etc....54, 91, 101 

delivery to judges, receipt. 39 

directions to voters. 52 

extra for emergency. 40 

for general election. 64 

form, how endorsed, etc. 


how marked.52, 90, 97, 98 

how printed.35, 88, 103 

how voted and preserved. 

.53, 58, 91, 98, 100 

separate for women.42 

specimen . 39 

Board of Election Commissioners— 

duties_43, 60, 66, 87, 94, 95, 96, 99 

penalty for violation.103 

Booths —provisions concerning. 19 

Bribery —term defined, penalty. 71 

Candidates —certificate of nomination 

or election . 61 

contests regulated. 67 

independent nominations by petition 

.69, 92 

may appoint challengers. 19 

names on ballot, order, etc. 


23, 28, 32, 33, 37, 88 


iii 





































Candidates —Concluded. page. 

preference for President.. 32, 38, 62 
rotation by senatorial districts. 33 
nominations by plurality vote.... 62, 63 
petition, form, filing - , etc. .23-29, 85—87 
signers, number, revocation, etc. 

.26-29, 86 

promises or pledges by.105 

protected from anonymous election 

literature .108 

tie vote, how decided.9, 62 

under minority representation.... 14, 81 

vacancies filled by committee. 66 

withdrawal .30, 86 

Canvass of Ballots— how conducted 

.55, 91, 103 

offenses and penalties.69—77, 103 

Canvass of Returns— how conducted 

.58-60, 91 

offenses and penalties. 76 


Certificates —endorse on envelope of 

absent voter . 98 

names to county clerk.32, 91 

to election commissioners. 35 

of nomination and election. 61 

to poll book.21, 57, 58 

Challengers— appointment . 19 

present when absent voters’ ballots 

are cast .102 

who to act. 19 


Clerks— canvass of returns. ...56, 58, 91 

offenses and penalties.75, 103 

primary, duties .18, 22 

oath .17, 18 

officers of county court. 17 

payment . 18 

who to act. 17 

to announce color of ballots, etc. ... 36 
to deliver to judges absent voter’s 

ballot . 99 

to deliver or mail ballot to voter.. 95 

to give notice of primary.15, 66 

to prepare ballots.35, 64 


Committeemen— election of various.. 

.1, 8, 83 

precinct, blank on ballot for name 


.8, 38 

vote .9, 10 

senatorial . 83 

Committees— central or managing.... 7 

composition, organization, powers, 

etc.8-13, 84 


IV 


































Committees —Concluded. page. 

existing recognized .12, 85 

vacancies filled by. 66 

Contests— provisions concerning ..67, 91 

Conventions —call, date, organization, 

etc.12-14, 111 

nomination of judges.111-113 


County Clerk— certificate to election 

commissioners .35, 88 

duties regarding absent voters.. 94, 100 
Dates— announcement of color of bal¬ 
lots, etc. 36 

application for absent voter’s ballot 93 
certifying names to county clerk, 

etc.32, 65, 87, 113 

deciding tie vote.8, 64 

delivery of ballots.39, 95 

filing call for convention.14, 112 

contest notice and hearing. 67 

petition for nomination..29, 30, 86 
resolution under minority repre¬ 
sentation .14, 

revocation of signature to peti¬ 
tion . 

withdrawal of candidate.... 30, 87 

holding conventions.12, 13, 112 

regular and special primary. . . 

.5, 66. 

issuing certificate to nominee or 

committeeman .61, 

notice of primary.15. 

making returns of primary.58, 91 

meeting and organization of com¬ 
mittee . 8 

posting specimen ballots. 39 

preserving ballots.55, 58, 102 

Definitions— words and phrases. 4, 70, 82 

Delegates and Alternates— 

how chosen.12, 111 

national, statement, etc.13, 31 

nomination of various judges.Ill 

votes allowed .113 

Election Literature — publication of 

prohibited .108 

publication by newspapers, etc., per¬ 
mitted .109 

Expenses— payment . 21 

Forms— affidavit of absent voter, ap¬ 
plication for ballot. 94 

absent voter at time of voting. . 96 


89 

25 


82 

92 

66 


v 


































Forms—A ffidavit—Concluded. page. 

envelope for ballot of absent 

voter . 96 

erasure of names.46, 47 

marking- and returning ballot. . 97 

registration of voter. 44 

voter and witness. 50 

ballots .36, 64, 88 

certificate to county clerk. 

.32, 65, 87, 97, 113 

contest petition . 67 

convention call .14, 112 

notice of election.15. 66 

oath of judge and clerk.17, 18 

petition of candidate.23, 85 

poll book .21, 57 

tally sheet. 22 

Judges— oath .16, 17, 18 

offenses and penalties.73-76, 103 

officers of county court.17, 18 

payment . 18 

to cast vote of absent voter.100 

to canvass ballots.53-57 

to open envelope and record vote. . .100 

to receive envelope containing ab¬ 
sent voter’s ballot.'. 99 

to fill vacancies . 16 

who to act. 16 

Liquor— offenses and penalties. 69 

Minority Representation— alderman 14 

representative . 81 

Nominations— see “Candidates.” 

Notices— contest . 67 

primary, regular and special.15, 66 

Oath— judge and clerk. 17 

Offenses and Penalties— 

anonymous publications .108-110 

betting . 73 

bribery . 71 

canvassing returns . 76 

clerks . .'. 75 

disclosing how elector voted. 74 

disorderly conduct . 73 

electioneering near polls. 19 

false swearing.26, 70, 103 

forgery . 26 

illegal voting .70, 103 

judges . 73 

liquor selling, qtc. 69 

pledges or promises by candidates. 105 
signing of printed matter.109 


vi 












































Offenses and Penalties—C oncld. page. 

solicitation of promise or pledge 

from candidate.106 

Perjury —false swearing deemed.26, 70 
Petitions —see “Candidates.” 

Political Party — committee of, to 

call convention .112 

existing committees.12, 85 

term defined.2, 82 

total vote, how determined. 3 

Poll Books— false entries. 76 

form, certificate, etc.21, 57 

Polls— adjournment prohibited. 53 

opening and closing.6, 40 

place of holding. 5 

President— disavowals . 31 

petition, etc.28, 79 

Promises or Pledges — by candidates. 105 
solicitation of, unlawful .106 

Registration— see “Voter.” 


Repeal —Acts of 1889, 1898, 1899 and 
1908 . 


77 


Representative in General Assem¬ 


bly —provisions concerning. 81 

Returns of Election— how made and 
canvassed .58, 90 


Secretary of State — certificate to 

county clerk.32, 65, 87, 113 

to nominee or cornmitteeman. . . 61 
judicial convention to be called.... 112 

Signers— see “Candidates.” 


Special Election— provisions concern¬ 


ing . 66 

Supplies —how furnished . 21 

Tally Sheets —form . 22 

Tie Vote— how decided.9, 64 

United States Senator —petition, etc. 

.28, 79 

Vacancies —committee to fill. 66 

judges to fill. 16 

special election, when necessary.... 66 

Voter —absent, regarding. 93 

affidavit of absent.94, 97 

of challenged . 4 9 

assistance . 53 

bribery, illegal voting, etc.70, 103 

directions on ballot.. 37 


vii 







































Voters —Directions—Concluded. page. 
to absent voter regarding mark¬ 
ing ballot, etc. 97 

leave of absence. 6 

party affiliation to be stated.42, 95 

qualifications .41, 93 

registration, erasure, etc. 42 

revoking signature to petition. 25 

Women —qualifications . 41 

separate ballots, etc. 42 


Words and Phrases— how construed 

.4, 28, 71, 80 


viii 












GENERAL PRIMARY ELEC¬ 
TION LAW. 


j An Act to provide for the holding of 
primary elections by political par¬ 
ties. [Approved March 9, 1910, as 
amended and in force July 1, 1913, 
as amended by Act approved and 
in force January 24, 1916. 

Section 1. What candidates nomi¬ 
nated-COMMITTEEMEN-EXEMPTIONS— 

proviso.] The nomination of all can¬ 
didates for all elective State, congres¬ 
sional, county, city, and village (in¬ 
cluding officers of the municipal court 
of Chicago), town and judicial officers, 
members of the State Board of Equali¬ 
zation, clerks of the appellate courts, 

! trustees of sanitary districts, township 
officers in townships co-extensive with 
cities, incorporated towns or villages, 
and for the election of precinct, ward 
and State central committeemen, and 
delegates and alternate delegates to 
national nominating conventions, by 
all political parties, as defined by sec¬ 
tion 2 of this Act, shall he made In 
the manner provided in this Act, and 
not otherwise: Provided, this Act 
shall not apply to the nomination of 
candidates for electors of President 
and Vice President of the United 
States, and trustees of the University 
of Illinois: And, provided, further, 






that this Act shall not apply to school 
elections and township elections other 
than in townships co-extensive with 
cities, incorporated towns or villages. 
The words “township officers,” or 
“township offices,” shall be construed 
when used in this Act to include super¬ 
visors, and assistant supervisors. [As 
amended June 30, 1913. 

§ 2. Political pakty defined.] A 
political party, which at the general 
election for State and county officers 
then next preceding a primary, polled 
more than 2 per cent of the entire vote 
cast in the State, is hereby declared to 
be a political party within the State, 
and shall nominate all candidates pro¬ 
vided for in this Act under the pro¬ 
visions hereof. 

A political party, which at the gen¬ 
eral election for State and county offi¬ 
cers then next preceding a primary, 
cast more than 2 per cent of the entire 
vote cast within any Congressional 
district, is hereby declared to be a 
political party within the meaning of 
this Act, within such Congressional 
district, and shall nominate its candi¬ 
dates for Representative in Congress 
and for members of the State Board of 
Equalization within said district, 
under the provisions hereof. 

A political party, which at the gen¬ 
eral election for State and county 
officers then next preceding a primary, 
cast more than 2 per cent of the en¬ 
tire vote cast in any county, is hereby 
declared to be a political party within 
the meaning of this Act, within snid 


2 


county, and shall nominate all county 
officers in said county under the pro¬ 
visions hereof. 

A political party, which at the gen¬ 
eral election for city and village offi¬ 
cers then next preceding a primary, 
cast more than 2 per cent of the en¬ 
tire vote cast in any city or village, 
is hereby declared to be a political 
party within the meaning of this Act, 
within said city or village, and shall 
nominate all city or village officers in 
said city or village under the provis¬ 
ions hereof. 

A political party, which at the gen¬ 
eral election for town officers then 
next preceding a primary, cast more 
than 2 per cent of the entire vote cast 
in said town, is hereby declared to be 
a political party within the meaning 
of this Act, within said town, and 
shall nominate all town officers in said 
town under the provisions hereof. 

A political party, which at the gen¬ 
eral election in any other municipality 
or political subdivision, except town¬ 
ships and school districts, for muni¬ 
cipal or other offices therein, then 
next preceding a primary, cast more 
than 2 per cent of the entire vote cast 
in such municipality or political sub¬ 
division, is hereby declared to be a 
political party within the meaning of 
this Act, within said municipality or 
political subdivision, and shall nomi¬ 
nate all municipal or other officers 
therein under the provisions hereof. 

§ 3. Party vote—how determined.] 
In determining the total vote of a 


3 






political party, whenever required by 
this Act, the test shall be the total 
vote cast by such political party for 
its candidate who received the greatest 
number of votes. 

§ 4. Words and phrases.] The 
following words and phrases in this 
Act shall, unless the same be incon¬ 
sistent with the context, be construed 
as follows: 

1. The word “primary,” the primary 
election provided for in this Act. 

2. The word “election,” a general 
election, as distinguished from a spe¬ 
cial election or a primary election. 

3. The word “precinct,” a voting 
district heretofore or hereafter estab¬ 
lished by law within which all quali¬ 
fied electors vote at one polling place. 

4. The words “State office,” or “State 
officer,” an office to be filled, or an 
officer to be voted for, by qualified 
electors of the entire State, includ¬ 
ing United States Senator and Con¬ 
gressman at large, and delegates and 
alternate delegates at large to national 
nominating conventions. 

5. The words “congressional office,” 
or “congressional officer,” representa¬ 
tives in Congress and members of the 
State Board of Equalization, delegates 
or alternate delegates to National 
nominating conventions, when such 
delegates or alternate delegates are 
chosen by congressional districts. 

6. The words “judicial office,” or 
“judicial officer,” judges of the Su¬ 
preme and circuit courts and judges 
of the superior court of Cook county. 


4 


7. The words “county office,” or 
“county officer,” an office to be filled or 
an officer to be voted for, by the quali¬ 
fied electors of the entire county, mem¬ 
bers of the board of assessors and 
county commissioners of Cook county. 

8. The words “city office” and “vil¬ 
lage office,” or “city officer” and 
“village officer,” an office to be filled 
or an officer to be voted for by the 
qualified electors of the entire city or 
village, as the case may be, includ¬ 
ing aldermen. 

9. The words “town office,” or “town 
officer,” an office to be filled or an offi¬ 
cer to be voted for by the qualified 
electors of an entire town. 

10. The word “town,” as used in this 
Act, shall be construed to mean an in¬ 
corporated town. [As amended June 
30, 1913. 

§ 5. Polling places.] The primary 
herein provided for shall be held at 
the regular polling places now es¬ 
tablished, or which may hereafter be 
established, for the purposes of a gen¬ 
eral election. 

§ 6. Dates of primaries—hours.] A 
primary shall be held on the second 
Tuesday in April in every year in 
which a President of the United States 
is to be elected, for the purpose of 
electing delegates and alternate dele¬ 
gates to National nominating conven¬ 
tions and for the purpose of secur¬ 
ing an expression of the sentiment 
and will of the party voters with 
respect to candidates for nominations 
for the office of President of the United 


5 





States. A primary shall be held on the 
first Wednesday after the second Tues¬ 
day in September in every year in 
which officers are to be voted for on 
the first Tuesday after the first Mon¬ 
day in November of such year for the 
nomination of candidates for such offi¬ 
ces as are to be voted for at such 
November election. Whenever in this 
Act the term “April primary,” or 
equivalent words shall appear such 
term or such words shall be construed 
to refer to and include the primary 
to be held on the first Wednesday after 
the second Tuesday in September as 
well as to the primary to be held on 
the second Tuesday in April. 

A primary shall be held on the 
last Tuesday in February in each year 
for the nomination of such officers as 
are to be voted for on the first Tues¬ 
day in April of such year. 

A primary shall be held on the sec¬ 
ond Tuesday in March in each year 
for the nomination of such officers as 
are to be voted for on the third Tues¬ 
day in April of such year. 

A primary for the nomination for all 
other officers, nominations for which 
are required to be made under the pro¬ 
visions of this Act, shall be held three 
weeks preceding the date of the gen¬ 
eral election for such offices respec¬ 
tively. 

The polls shall be open from 6:00 
o’clock a. m. to 5:00 o’clock p. m. [As 
amended June 20, 1913. 

§. 7. Voter’s leave of absence.] 
Any person entitled to vote at such 


6 


primary shall, on the day of such 
primary, be entitled to absent himself 
from any service or employment in 
which he is then engaged or employed 
for a period of two hours between the 
time of opening and closing the polls, 
and such primary elector shall not, be¬ 
cause of so absenting himself, be liable 
to any penalty nor shall any deduc¬ 
tion be made on account of such ab¬ 
sence from his usual salary or wages: 
Provided, however, that applications 
for such leave of absence shall be 
made prior to the day of primary. 
The employer may specify the hours 
during which said employee may ab¬ 
sent himself. 

§ 8. Committees—central or manag¬ 
ing—exceptions.] The following com¬ 
mittees shall constitute the central 
or managing committees of each po¬ 
litical party, viz: A State central 
committee, a congressional committee 
for each congressional district, a 
county central committee for each 
county, a city central committee for 
each city or village, a precinct commit¬ 
tee for each precinct, except precincts 
within the limits of incorporated cities 
or villages having a population of two 
hundred thousand (200,000) or over; 
and a ward committee for each ward 
in such cities or villages having a 
population of two hundred thousand 
or over; Provided, however, that noth¬ 
ing contained herein shall prevent a 
political party from electing or ap¬ 
pointing in accordance with its prac¬ 
tice other committees. [As amended 
June 30, 1913. 


7 


§ 9. Committees—composition organ¬ 
ization— POWERS, ETC.] 

(1) State central committee.] The 
State central committee shall he com¬ 
posed of one member from each con¬ 
gressional district in the State and 
shall be elected as follows: 

At the September primary held in 
the year A. D. 1910, and at the April 
primary held every two years there¬ 
after, each primary elector may vote 
for one candidate of his party for 
member of the State central committee 
for the congressional district in which 
he resides. The State central commit¬ 
tee of each political party shall be com¬ 
posed of members elected from the 
several congressional districts of the 
State, as herein provided, and of no 
other person or persons whomsoever. 
The members of the State central com¬ 
mittee shall, within thirty days after 
their election, meet in the city of 
Springfield and organize by electing 
from among their own number a chair¬ 
man, and may at such time elect 
such officers from among their own 
number or otherwise, as they may 
deem necessary or expedient. The out¬ 
going chairman of the State central 
committee of the party shall, ten days 
before the meeting, notify each mem¬ 
ber of the State central committee 
elected at the primary of the time and 
place of such meeting. 

(2) Precinct committeeman — tie 
vote.] At the September primary held 
in September, A. D. 1910, and at the 
April primary held every two years 


8 








thereafter, each primary elector may 
write or attach in the space left on the 
primary ballot for that purpose the 
name of one qualified elector of his 
party in the precinct for member of 
his political party precinct committee. 
The one having the highest number of 
votes shall be such committeeman of 
such party for such precinct. In case 
of a tie the primary judges shall cast 
lots. The official returns of the pri¬ 
mary judges shall show the n^me and 
address of the committemen of each 
political party in the county: Pro¬ 
vided, however, the provisions of this 
sub-section two (2) of section nine (9) 
shall not apply to precincts within 
the territorial limits of an incorpo¬ 
rated city or village having a popula¬ 
tion of two hundred thousand or over. 

(3) County central committee — 
vote.] The county central committee 
of each political party shall consist of 
the members of various precinct com¬ 
mittees and ward committees, if any, 
of such party in the county. In the 
organization and proceedings of the 
county central committee each pre¬ 
cinct committeeman shall have one 
vote and one additional vote for each 
fifty votes or major fraction thereof of 
his party cast in his precinct for Gov¬ 
ernor at the last general election; and 
each ward committeeman shall have 
one vote for each precinct in his ward 
and one additional vote for each fifty 
votes or major fraction thereof of his 
party cast in each precinct of his ward 
for Governor at the last general elec¬ 
tion. 


9 




(4) Congressional committee—ex¬ 
ceptions.] The congressional commit¬ 
tee of each political party shall he com¬ 
posed of the chairman of the county 
central committees of the counties 
composing the congressional district, 
excepting that in congressional dis¬ 
tricts wholly within the territorial lim¬ 
its of one county, or wholly within the 
territorial limits of one county and 
partly within the territorial limits of 
another county, then the members of 
the precinct committees of the party 
residing within the limits of the con¬ 
gressional district shall compose the 
congressional committee: Provided , 
however, that in congressional dis¬ 
tricts wholly within the territorial lim¬ 
its of an incorporated city or village 
having a population of two hundred 
thousand or over, or partly within the 
limits of such city or village and partly 
without the limits of such city or vil¬ 
lage, then the members of the precinct 
and ward committees of the party of 
the precincts and wards within the 
limits of the congressional district 
shall compose the congressional com¬ 
mittee. 

In the organization and proceedings 
of congressional committees, composed 
in whole or in part of precinct com¬ 
mitteemen, each precinct committee¬ 
man shall have one vote and one addi¬ 
tional vote for each fifty votes or 
major fraction thereof of his party 
cast in his precinct for Governor at 
the last general election, and in the 
organization and proceedings of con¬ 
gressional committees composed in 


10 


whole or in part of ward committee¬ 
men, each ward committeeman shall 
have one vote for each precinct in his 
ward and one additional vote for each 
fifty votes or major fraction thereof of 
his party as cast in each precinct of 
his ward located in such congressional 
district for Governor at the last gen¬ 
eral election. 

(5) City central committee — ex¬ 
ceptions.] The city central committee 
of each political party shall be com¬ 
posed of the precinct committeemen of 
such party residing in such city, ex¬ 
cepting that in incorporated cities or 
villages having a population of two 
hundred thousand or over, then the 
city central committee shall be com¬ 
posed of the ward committeemen re¬ 
siding within the territorial limits of 
such city or village, which said ward 
committeemen shall be elected at large 
in their respective wards. 

The word “ward,” in this section 
' shall he construed to mean a division 
for which aldermen are elected in such 
last mentioned cities or villages. 

(6) Powers and duties.] Each com¬ 
mittee and its officers shall have the 
powers usually exercised by such com¬ 
mittees and by the officers thereof, not 
inconsistent with the provisions of 
this Act. The several committees 
herein provided for shall not have 
power to delegate any of their powers 
or functions to any other person, of¬ 
ficer or committee, but this shall not 
be construed to prevent a committee 
from appointing from its own member¬ 
ship proper and necessary sub-commit- 


11 




tees, and particularly defining, by reso¬ 
lution, the duties of such sub-commit¬ 
tees. 

(7) Existing party committees rec¬ 
ognized.] The various political party 
committees now in existence are here¬ 
by recognized and shall exercise the 
powers and perform the duties herein 
prescribed until committeemen are 
chosen, in accordance with the pro¬ 
vision of this Act. [As amended 
June 30, 1913. 

§ 10. Convention dates — organiza¬ 
tion— DELEGATES—CALL, ETC.] 

(a) County conventions.] On the 
first Monday next succeeding the April 
primary, the county central committee 
of each political party shall meet at 
the county seat of the proper county 
and proceed to organize by electing 
from its own number a chairman, and 
either from its own number, or other¬ 
wise, such other officers as said com¬ 
mittee may deem necessary or expe¬ 
dient. Such meeting of the county 
central committee shall be known as 
the county convention. The county 
convention of each political party shall 
choose delegates to the congressional 
and State convention of its party: 
Provided, only precinct and ward com¬ 
mitteemen of the respective precincts 
and wards within the limits of a con¬ 
gressional district shall participate in 
the selection of delegates to a con¬ 
gressional convention: And, provided, 
further, that in the county convention 
that each of such precinct commit¬ 
teemen in the county convention shall 
have one vote and one additional vote 


12 


for each fifty votes or major fraction 
thereof of his party cast in his pre¬ 
cinct for Governor at the last general 
election and that each of such ward 
committeemen shall have one vote for 
each precinct in his ward and one 
additional vote for each fifty votes or 
major fraction thereof of his party 
cast in each precinct of his ward, for 
Governor at the last general election. 

(b) Congressional conventions.] All 
congressional conventions shall be 
held on the first Wednesday after the 
first Monday next succeeding the April 
primary. The congressional conven¬ 
tion of each political party shall have 
power to choose and select delegates 
and alternate delegates to National 
nominating conventions, and to rec¬ 
ommend to the State convention of its 
party the nomination of candidate or 
candidates from such congressional 
district for elector or electors of Presi¬ 
dent and Vice President of the United 
States. 

(c) State conventions.] All State 
conventions shall be held on the first 
Friday after the first Monday next 
succeeding the April primary. The 
State convention of each political 
party shall have power to make nomi¬ 
nations of candidates for the electors 
of President and Vice President of 
the United States and for trustees of 
the University of Illinois, and to adopt 
any party platform. 

(d) Functions of conventions.] 
Each convention may perform all other 
functions inherent to such political 
organization and not inconsistent with 
this Act. 


13 




(e) Calls foe conventions—filing 
—form.] At least thirty-three (33) 
days before the April primary the 
State and congressional committee, 
respectively, of each political party 
shall file in the office of the county 
clerk in each county of the State, 
or in each county of the congres¬ 
sional district, a call for the State 
and congressional conventions. Said 
call shall state, among other things, 
the time and place (designating the 
building or hall) for holding the State 
and congressional conventions, re¬ 
spectively, the total number of dele¬ 
gates which shall compose each of 
said conventions, and the call for 
State conventions shall state, among 
other things, the number of delegates 
to which each county is entitled in 
the State convention, and the call for 
the congressional convention shall 
state, among other things, the number 
of delegates to which each county or 
political subdivision of any county, as 
the case may be, is entitled to in the 
congressional convention. Such call 
shall be signed by the chairman and 
attested by the secretary of the re¬ 
spective committees. [As amended 
June 30, 1913. 

§ 11. Aldermen under minority rep¬ 
resentation.] In cities which have 
adopted minority representation in 
the city council, the city central com¬ 
mittee shall, at least thirty (30) days 
prior to the date of the primary, by 
resolution, fix and determine the num¬ 
ber of candidates for alderman in 
such of the wards of their city to be 
nominated by their party at the pri- 
14 


mary for the nomination of candidates 
| for city offices^- 

A copy of said resolutions, duly 
certified by the chairman and attested 
by the secretary, shall, within two days 
thereafter, be filed in the office of the 
city clerk. 

In all primaries for the nomination 
of candidates for alderman under 
minority representation, each qualified 
(minority) elector may cast as many 
votes for one candidate as there are 
candidates to be nominated, or may 
distribute the same, or equal parts 
thereof, among the candidates for nom¬ 
ination as he shall see fit, and the 
candidate for nomination highest in 
votes shall be declared nominated. 

§ 12. Notice of primary — duty of 
clerks.] At least twenty (20) days 
before each primary the county clerk 
of each county, or the- city, village or 
town or other clerk, whose duty it is 
to give notice of general election un¬ 
der the general election laws of this 
State, for the election of officers whose 
nomination is required to be made 
under the provisions of this Act, shall 
prepare in the manner provided in 
the general election laws of this State, 
a notice of such primary, which no- 
, tice shall state the time and place of 
holding the primary, the hours dur¬ 
ing which the polls will be open, the 
offices for which candidates will be 
nominated at such primary and the 
political parties entitled to partici¬ 
pate therein. Such notices shall be 
posted at least fifteen (15) days prior 
to the primary by the same authorities 


15 





and in the same manner as notices of 
election under the general election 
laws are required to he posted. 

§ 13. Judges of primary.] The judges 
of general elections for State and 
county officers, for city and village 
officers and for town and other munici¬ 
pal officers, are hereby constituted re¬ 
spectively the judges of primary elec¬ 
tions in their respective precincts, un¬ 
der the provisions of this Act. 

§ 14. Judges hold over.] It is hereby 
made the duty of the respective judges 
of general elections to act as judges of 
primary elections in their respective 
precincts until their successors, as 
judges of general elections, are duly 
appointed and qualified. 

§ 15. Judges absent, etc. — vacan¬ 
cies.] If, at the time for opening of a 
primary, one of the primary judges 
be absent, or refuse to act, the judges 
present shall appoint some qualified 
primary elector of the precinct to act 
in his place. If two of the primary 
judges be absent or refuse to act, the 
judges present shall fill the vacancies 
in the same manner, as above pro¬ 
vided. If all three of the primary 
judges be absent, or refuse to act, the 
primary electors present, who reside 
in the precinct, shall select three of 
their number to act as primary judges. 
The judges so selected and appointed 
shall take the same oath, have the 
same powers, and perform the same 
duties and be subject to the same 
penalties as regularly constituted elec¬ 
tion judges. 


16 


§ 16. Clerks of primary.] The pri¬ 
mary judges in each precinct, except 
in cities having a board of election 
commissioners, shall select three quali¬ 
fied primary electors of said precinct 
to act as primary clerks, who shall 
continue to serve during the pleasure 
of said primary judges but no more 
than two persons of the same political 
party shall be chosen primary clerks 
in the same precinct. 

In cities having a board of election 
commissioners, the regularly appointed 
clerks of election shall act as clerks 
of the primary in their respective pre¬ 
cincts. 

§ 17. Oath of judges and clerks— 
form — liability.] Previous to any vote 
being taken, the primary judges and 
clerks shall severally subscribe and 
take an oath or affirmation in the fol¬ 
lowing form, to wit: 

“I do solemnly swear (or affirm, as 
the case may be), that I will support 
the Constitution of the United States 
and the Constitution of the State of 
Illinois, and will faithfully and hon¬ 
estly discharge the duties of primary 
judge (or clerk, as the case may be), 
according to the best of my ability, 
and that I have resided in this State 
for one year, in this county for ninety 
days, and in this precinct thirty days 
next preceding this primary, and am 
entitled to vote at this primary.” 

All persons subscribing the oath as 
aforesaid, and all persons actually 
serving as primary judges and clerks, 
whether sworn or not, shall be deemed 


17 





to be and are hereby declared to be 
officers of the county court of their 
respective counties; and such persons 
shall be liable to punishment by such 
court in a proceeding for contempt for 
any misbehavior as such primary 
judges or clerks, to be tried in open 
court, on oral testimony in a summary 
manner, without written pleadings, but 
such trial, or punishment for contempt 
of court, shall not be any bar to any 
criminal proceedings against such pri¬ 
mary judges or clerks for any viola¬ 
tion of this Act. 

§ 18. Oath of judges and clerks— 
administrations.] In case there shall 
be no justice of the peace or notary 
public present at the opening of a pri¬ 
mary, or in case such justice of the 
peace or notary public shall be ap¬ 
pointed one of the primary judges or 
clerks, it shall be lawful for the pri¬ 
mary judges to administer the oath or 
affirmation to each other and to the 
primary clerks. 

§19. Judges and clerks — powers 
and duties.] The primary judges and 
clerks, except as otherwise provided 
in this Act, shall perform the same 
duties, have the same powers, and be 
subject to the same penalties as judges 
and clerks of general elections, under 
the election laws of this State. 

§ 20. Judges and clerks—pay.] Pri¬ 
mary judges and clerks shall receive 
the same pay, and shall be paid by the 
same authorities and in the same man¬ 
ner as judges and clerks under the 
election laws of this State. 


18 



§ 21. Challengers.] The candidate or 
! candidates of each party may appoint, 
in writing, over his or their signature, 
two party agents or representatives, 
who shall act as challengers or watch¬ 
ers for such respective candidate or 
j candidates in each precinct. Such 
j challengers or watchers shall be pro¬ 
tected in the discharge of their duties 
! by the primary judges and peace offi¬ 
cers and shall be permitted to remain 
! within the polling place in such posi- 
j tion as will enable them to see each 
| person as he offers his vote, and said 
i challengers or watchers may remain 
within the polling place throughout 
| the canvass of the vote in such posi¬ 
tion as will enable them to see the said 
canvass and until the returns are 
| signed. All challengers or watchers 
shall be qualified primary electors re- 
! siding within their respective wards, 

! senatorial or congressional districts, 
and shall have the same power as chal¬ 
lengers at general elections. [As 
j amended May 27, 1912. 

§ 22. Booths — electioneering pro¬ 
hibited.] All officers upon whom is im- 
j posed by law the duty of designating 
i and providing polling places for gen- 
1 eral elections, shall provide in each 
i such polling place so designated and 
provided, a sufficient number of booths 
for such primary election, which 
booths shall be provided with shelves, 
such supplies and pencils as will en¬ 
able the voter to prepare his ballot for 
voting and in which voters may pre¬ 
pare their ballots screened from all ob¬ 
servation as to the manner in which 


19 




they do so, and the guard rail shall 
be so constructed and placed that only 
such persons as are inside said rail 
can approach within six feet of the 
ballot box and of such voting booths. 
The arrangement shall be such that 
the voting booths can only be reached 
by passing within said rail. Such; 
booths shall be within plain view of 
the election officers and both they and 
the ballot boxes shall be within plain ! 
view of those outside the guard rail i 
No person other than the election of- j 
ficers and the challengers allowed by 
law and those admitted for the pur¬ 
pose of voting, as hereinafter provided, i 
shall be permitted within the guard I 
rail, except by authority of the pri- j 
mary officers to keep order and enforce 
the law. 

The number of such voting booths 
shall not be less than one to every 
seventy-five voters or fraction thereof, j 
who voted at the last preceding elec- j 
tion in the precinct or election district. { 

No person whatever shall do any ! 
electioneering or soliciting of votes on 
primary day within any polling place 
or within one hundred feet of any poll¬ 
ing place. 

§ 23. Ballot boxes.] Primary ballot j 
boxes shall be furnished by the same 
authorities and in the same manner 
and shall be of the same style and 
description as ballot boxes furnished 
for the purpose of general elections, 
under the general election laws of this 
State. 


20 




§ 24. Supplies.] All necessary pri¬ 
mary poll books, tally sheets, return 
blanks, stationery and other necessary 
primary supplies shall be furnished by 
the same authorities upon whom is 
imposed by law the duty of furnishing 
such supplies at general elections. 

§ 25. Expenses.] The expense of con¬ 
ducting such primary, including the 
per diem of judges and clerks, fur¬ 
nishing, warming, lighting and main¬ 
taining the polling place, and all other 
expenses necessarily incurred in the 
preparation for or conducting such pri¬ 
mary shall be paid in the same man¬ 
ner, and by the same authorities or 
officers respectively as in the case of 
elections. 

§ 26. Poll books — form — certifi¬ 
cates.] The primary poll books shall 
be substantially in the following form: 

PRIMARY POLL BOOKS. 


Of the primary held in the. 

precinct of the county of.on 

the.day of.A. D.... 


Name of voter. 

Resi¬ 

dence, 

street 

and 

number. 

Party affiliation. 

Repub¬ 

lican. 

Demo¬ 

crat. 

Prohibi¬ 

tionist. 

.2 
"o 
o 93 
W"" 


1. John Jones 

2. Richard Smith 

3. John Doe 

i. Richard Doe 

3. Charles Lee 


X 

X 

X 

X 

X 


This is to certify that the above and 
foregoing is a correct list of primary 


21 























voters at a primary held on the. 

day of.A. D.. in 

the.precinct, in.county 

and State of Illinois. That at said 
primary the undersigned judges and 
clerks served as required by law and 
are entitled to pay therefor. 

Dated. 19.... 


Clerks of Primary. Judges of Primary. 

Said primary poll books shall other¬ 
wise be in form and shall contain the 
same certificates as nearly as may be 
as the poll books used in the regular 
election and shall be signed and at¬ 
tested in the same manner, as nearly 
as may be, as the poll books used for 
the purpose of regular elections. 

§ 27. Tally sheets — form.] The 
tally sheets for each political party 
participating in the primary election 
shall be substantially in the following 
form: 

“Tally sheets for.... (name of polit¬ 
ical party) for the.precinct, in 

the county of., for a primary 

held on the.day of.. 

A. D.” 

The names of candidates for nomi¬ 
nation and for State central commit¬ 
teemen, and precinct or ward com¬ 
mitteemen, and delegate and alternate 
delegate to National nominating con¬ 
ventions, shall be placed on the tally 
sheets of each political party by the 
primary clerks in the order in which 


22 




















they appear on the ballot. [As 
amended June 30, 1913. 

§ 28. Petition — form — revocation 

j—'FORGERY NUMBER OF SIGNERS.] The 

! name of no candidate for nomination, 
or State central committeemen, or 
: ward committeeman, or candidate for 
delegate or alternate delegate to Na- 
! tional nominating conventions, shall 
l he printed upon the primary ballot 
unless a petition for nomination shall 
have been filed in his behalf as pro¬ 
vided in this Act in substantially the 
following form: 

We, the undersigned, members of 


and affiliated with the.party 

and qualified primary electors of said 

.party, in the.of.. 

: in the county of.and State of 


Illinois, do hereby petition that the 
following named person or persons 

shall be a candidate or candidates of 

the.party for the nomination 

for the office or offices hereinafter 

specified, to be voted for at the pri¬ 
mary election held on the.day of 

.A. D. 


Name. 

Office. 

Address. 

John Jones 

Governor .... 

Belvidere, Ill. 

Thomas Smith 

Attorney 



General. 

Oakland, Ill. 


Name . Address . 

STATE OP ILLINOIS, ) 

.County, \ ss * 

I,.. do hereby certify that 


I am upwards of the age of twenty- 


23 




























one years, that I reside at No. 

street, in the.of. 

county of.and State of Illinois, 

and that the signatures on this sheet 
were signed in my presence, and are 
genuine, and that to the best of my j 
knowledge and belief the persons so j 
signing were at the time of signing i 
said petitions qualified voters of the 
.party, and that their respec¬ 
tive residences are correctly stated, as 
above set forth. 


Subscribed and sworn to before me 
this.day of., A. D. 


Such petitions shall consist of sheets 
of uniform size, and each sheet shall 
contain above the space for signatures 
an appropriate heading giving the 
information as to name of candidate 
or candidates, in whose behalf such 
petition is signed, the office, the polit¬ 
ical party represented, place of resi¬ 
dence, and such other information or 
wording as required to make the same 
valid; and the heading of each sheet 
shall be the same. Such petition shall 
be signed by qualified primary electors 
residing in the political division for 
which the nomination is sought in 
their own proper persons only, and 
opposite the signature of each signer,, 
his residence address shall be written 
(and if a resident of a city having a 
population of over 10,000 by the then 
last preceding federal census, the 


24 














! street number of such residence shall 
be given). At the bottom of each 
sheet of such petition shall be added 
1 a statement, signed by an adult resi¬ 
dent of the political division for which 
the candidate is seeking a nomination, 
stating his residence address (and if 
a resident of a city having a popula¬ 
tion of over 10,000 by the then last 
preceding federal census, also stating 
the street and number of such resi¬ 
dence) certifying that the signatures 
on that sheet of said petition were 
signed in his presence, and are genu¬ 
ine, and that to the best of his know- 
i ledge and belief the persons so signing 
I were at the time of signing said peti¬ 
tions qualified voters of the political 
I party for which a nomination is 
i sought. Such statement shall be 
sworn to before some officer of the 
county in which the person making 
such statement resides, authorized to 
; administer the oaths therein. Such 
! sheets before being filed, shall be 
neatly fastened together in book form, 
by placing the sheets in a pile and 
fastening them together at one edge 
, in a secure and suitable manner, and 
| the sheets shall then be numbered 
i consecutively. The sheets shall not 
i be fastened by pasting them together 
| end to end, so as to form a continuous 
strip or roll. Said petition, when filed, 

I shall not be withdrawn or added to, 
i and no signatures shall be revoked 
except by revocation filed in writing 
i with the clerk or other proper officer 
I with whom the petition is required to 
be filed, and before the filing of such 


25 


petition. Whoever, in making the 
sworn statement above prescribed, 
shall knowingly, wilfully, and cor¬ 
ruptly swear falsely, shall be deemed 
guilty of perjury, and on conviction 
thereof, shall be punished accordingly. 
Whoever forges the name of a signer 
upon any petition required by this 
Act, shall be deemed guilty of a forg¬ 
ery, and on conviction thereof, shall 
be punished accordingly. 

Petitions of candidates for nomina¬ 
tions for offices herein specified, to be 
filed with the same officer, may con¬ 
tain the names of two or more candi¬ 
dates of the same political party for 
the same or different offices. 

Such petitions for nominations shall 
be signed: 

(a) State office.] If for a State 
office, by not less than one thousand 
(1,000) nor more than two thousand 
(2,000) primary electors of his party. 

(b) Congressional office.] If for 
a congressional office, by at least one- 
half of one per cent of the qualified 
primary electors of his party in his 
congressional district, as the case may 
be. 

(c) Judicial office.] If for a judi¬ 
cial office, by at least one-half of one 
per cent of the qualified primary 
electors of his party in the district or 
division for which the nomination is 
made. 

(d) County office.] If for a county 
office, by at least one-half of one per 
cent of the qualified electors of his 
party cast at the last preceding gen- 


26 


, eral election in his county: Provided, 
■ that if for the nomination for county 

I commissioner of Cook county, then by 

I I at least one-half of one per cent of the 
qualified primary electors of his party 
in his county in the district or divi¬ 
sion in which such person is a candi¬ 
date for nomination. 

(e) City or village office.] If for 
i a city or village office to be filled by 
I the electors of the entire city or vil- 
j lage, by at least one-half of one per 
j cent of the qualified primary electors 

of his party in his city or village; if 
for alderman, by at least one-half of 
[ one per cent of the voters of his party 
of his ward. 

(f) State central committeemen.] 

| If for State Central Committeeman, by 
! at least one hundred (100) of the pri- 
! mary electors of his party of his con¬ 
gressional district. 

(g) Trustee of sanitary district.] 
If for a candidate for trustee of a san¬ 
itary district, by at least one-half of 
one per cent of the primary electors of 
his party, from such sanitary district. 

(h) Clerk of appellate court.] If 
for a candidate for clerk of the ap¬ 
pellate court, by at least one-half of 
one per cent of the primary electors 
of his party of the district. 

(i) Ward committeeman.] If for a 
candidate for ward committeeman, by 
at least one-half of one per cent of the 
primary electors of his party of his 
ward. 


27 





(j) Other offices.] If for any other I 
office, by at least ten (10) primary 
electors of his party of the district or 
division for which nomination is made. I 
[As amended June 30, 1913. 

§ 29. President —u. s. senator—peti- i 
tion—advisory vote.] Any candidate ! 
for President of the United States may , 
have his name printed upon the pri- : 
mary ballot of his political party by 
filing in the office of the Secretary of 
State .not less than forty (40) days 1 
prior to the date of the April primary, 
in any year, a petition signed by not 
less than three thousand (3,000) nor 
more than five thousand (5,000) pri¬ 
mary electors, members of and affili¬ 
ated with the party of which he is a 
candidate, and no candidate for Presi¬ 
dent of the United States, who fails to 
comply with the provisions of this Act 
shall have his name printed upon any 
primary ballot: Provided, that the 
vote for President of the United States, 
as herein provided for, shall be for the 
sole purpose of securing an expression 
of the sentiment and will of the party 
voters with respect to candidates for 
nomination for said office, and the vote 
of the State at large shall be taken 
and considered as advisory to the dele¬ 
gates and alternates at large to the 
National conventions of the respective 
political parties, and the vote of the re¬ 
spective congressional districts shall 
be taken and considered as advisory 
to the delegates and alternates of said 
congressional districts to the National 


28 



conventions of the respective political 
parties. [As amended June 30, 1913.* 

§ 30. Petition — filing — with¬ 
drawal.] All petitions for nominations 
! shall be filed as follows: 

1. State or district office.] Where 
the nomination is to be made for a 
State, congressional, judicial or appel¬ 
late court office, or for any office a 

I nomination for which is made a terri¬ 
torial division or district which com¬ 
prises more than one county or is 
j partly in one county and partly in 
another county or counties, then such 
petition for nomination shall be filed 
in the office of the Secretary of State 
| not more than sixty (60) and not less 
j than forty (40) days prior to the date 
f of the primary. 

2. County office — sanitary trus- 
I; tees—exception.] Where the nomina- 
t tion is to be made for a county office, 

trustee of a sanitary district (except 
clerk of the appellate court of the first 
district) or ward committeeman, then 
such petition shall be filed in the office 
of the county clerk not more than 
sixty (60) nor less than forty (40) 
days prior to the date of the primary. 

3. City or village office.] Where 
the nomination is to be made for an 
office to be filled by the electors of an 

* Note. —Two acts were passed by the 
Forty-eighth General Assembly, amend¬ 
ing Section 29 of the General Primary 
Law. The above section was contained 
in House Bill No. 834. See Laws of 1913, 
p. 310. The other amendment will be 
found on page 79. The Attorney General 
in an opinion given the Secretary of 
State, holds that this, the Act last ap¬ 
proved, shall govern. 


29 




entire city or village, including aider- 
men, such petitions for nomination 
shall be filed in the office of the city 
or village clerk not more than thirty 
(30) nor less than twenty (20) days 
prior to the date of the primary. 

4. Town office.] Where the nomina¬ 
tion is to be made for an office to be 
filled by the electors of a town, then 
such petition for nomination shall be 
filed in the office of the town clerk not 
more than thirty (30) and not less 
than twenty (20) days prior to the 
date of the primary. 

5. State central committeeman.] 
The petitions for candidates for State 
central committeemen shall be filed 
in the office of the Secretary of State 
not more than sixty (60) and not less 
than forty (40) days prior to the date 
of the primary. 

• 6. Piling and endorsing of petition.] 
The Secretary of State and the various 
clerks with whom such petitions for 
nominations are filed shall endorse 
thereon the day and hour on which 
each petition was filed. 

7. Withdrawals.] Any person for 
whom a petition for nomination for 
committeeman has been filed may 
cause his name to be withdrawn by his 
request in writing, signed by him and 
duly acknowledged before an officer 
qualified to take acknowledgments of 
deeds, and filed in the office of the 
Secretary of State not less than thirty- 
five (35) days or with the proper clerk 
not less than twenty (20) days prior 
to the date of the primary, and no 
names so withdrawn shall be certified 


30 



| by the Secretary of State to the county 
clerk or printed on the primary ballot. 

8. Delegate or alternate to na¬ 
tional CONVENTION-STATEMENT — DIS¬ 

AVOWAL.] Each person seeking to be 
elected as delegate or alternate dele¬ 
gate to the National nominating con¬ 
vention of his party shall file, along 
with his nominating petition, a state¬ 
ment in writing signed by him in 
which he shall state the name of the 
candidate of his choice for nomination 
for President of the United States, or, 
in lieu thereof, may file a statement 
to the effect that he has no preference 
for candidates for President of the 
United States. The Secretary of State 
shall not permit a petition of a candi- 
f date for delegate or alternate delegate 
to the National nominating convention 
to be filed unless accompanied by the 
statement required in paragraph 8 of 
[ this section. Any candidate for Presi- 
i dent of the United States for whom a 
( preference is stated by any candidate 
for delegate or alternate delegate to a 
1 nominating convention, may, at any 
i time after the filing of such petition 
and before the name of such candidate 
for delegate or alternate delegate to a 
National nominating convention is cer¬ 
tified to the various county clerks for 
printing, file in the office of the Sec¬ 
retary of State an instrument in writ¬ 
ing disavowing the candidacy of the 
person who has so filed a nominating 
petition for delegate or alternate dele¬ 
gate to a National nominating conven¬ 
tion and in case such candidate-^for 


31 






President of the United States shall 
disavow the candidacy of the candi¬ 
date for delegate or alternate delegate, 
as aforesaid, the name of such candi¬ 
date for delegate or alternate delegate 
so disavowed shall not be certified to 
the various county clerks for printing 
upon the official primary ballot. [As 
amended June 30, 1913. 

§ 31. Certification to county clerk 

-ROTATION OF NAMES FOR STATE OFFI¬ 
CES—PREFERENCE FOR PRESIDENT-CERTI¬ 

FICATION TO BOARDS OF ELECTION COM¬ 
MISSIONERS.] Not less than thirty (30) 
days prior to the date of the pri¬ 
mary the Secretary of State shall 
certify to the county clerk of each 
county the names of all candidates for 
President of the United States, and of 
all candidates for members of the 
State central committee and of all 
candidates for delegates and alternate 
delegates to National nominating con¬ 
ventions, and of all candidates for 
nomination for all offices, as specified 
in the petition for nomination on file 
in his office, which are to be voted for 
in such county, stating in such certifi¬ 
cates the political affiliation of each 
candidates for nomination or for com¬ 
mitteemen, as specified in said peti¬ 
tion. 

The Secretary of State shall, in his 
certificate to the county clerk, certify 
to said county clerk the names of the 
offices and the names of the candi¬ 
dates in the order in which said of^ 
fices and said names (except the 
names of candidates for State officers) 


32 


shall appear upon the primary ballot, 
said names (except the names of can¬ 
didates for State offices) to appear in 
the order in which petitions shall have 
I been filed in his office, except as other¬ 
wise provided in this Act. 

The names of candidates for State 
offices shall be certified in the manner 
following: The Secretary of State 

I shall certify to the county clerk 
of each county of each and every 
i senatorial district, beginning with the 
first senatorial district, the names of 
candidates for State offices in the order 
in which such names shall appear upon 
the official primary ballot, in each and 
every precinct of such senatorial dis¬ 
trict. In making his certificate to the 
county clerk of the county or counties 
| in which the first senatorial district 
i is located, the Secretary of State shall 
i certify to such county clerk or county 
i clerks the names of the offices, and the 
names of the candidates for said 
offices in alphabetical order of the first 
letters of the surname of such candi¬ 
date. In certifying the names of can¬ 
didates for State offices to the county 
clerk or county clerks of the counties 
composing the second senatorial dis¬ 
trict, the Secretary of State shall 
certify the name of the candidate 
under each office as first which was 
second in the first senatorial district, 
and the name of the candidate which 
f was first in the first senatorial district 
; shall be certified as last in the second 
i senatorial district. In certifying the 
names of candidates for State offices to 


33 





the county clerk or county clerks ol 
the counties composing the third sen¬ 
atorial district, the Secretary of State 
shall certify the name of the candidate 
under each office as first which was 
second in the second senatorial dis¬ 
trict, and the name of the candidate 
which was first in the second sena¬ 
torial district shall be certified as last 
in the third senatorial district. The 
same procedure shall be followed by 
the Secretary of State in certifying 
the names of candidates for State of¬ 
fices to the several county clerks of : 
the several senatorial districts of the 
State, the intent being that the names 
of candidates for such [each] of the 
State offices shall be rotated by sena¬ 
torial districts. 

In his certificate to the county clerk, 
the Secretary of State shall, below the 
name of each candidate for delegate 
and alternate delegate to National 
nominating conventions, insert the 
name of the candidate for President 
of the United States for whom such 
delegate or alternate delegate has 
specified his choice in accordance with 
his statement on file in the office of 
the Secretary of State, or, in case 
such candidate for delegate or alter¬ 
nate delegate has not indicated any 
choice, or preference, the Secretary of 
State, in his certificate, under the 
name of such candidate for delegate 
or alternate delegate shall print the 
words “No preference.” 

Not less than twenty-eight (28) 
days prior to the date of the primary, 


34 




f 


. the county clerk shall certify to the 
e board of election commissioners, if 
> there be any such board in his county, 
i the names of all candidates so certi- 
. tied to him by the Secretary of State, 

. together with the list of the names of 
. all other candidates in whose behalf 
; petitions have been filed in his office 
i and in the order so filed. And not less 
j than twenty-eight (28) days pHor to 
the date of the primary the city or 
town clerk, as the case may be, shall 
| also certify to such board the names 
I of all candidates in whose behalf peti¬ 
tions have been filed in the office of 
such city clerk or town clerk, as the 
case may be, and in the order so filed. 
[As amended June 30, 1913. 

§ 32. Ballots—by whom printed.] 
The county clerk of each county 
and in cities, villages and towns, the 
clerk thereof, as the case may be, 
shall prepare and cause to be printed 
: the primary ballot of each political 
I party for each precinct in his respec- 
! tice county, city, village or town. 

§ 33. Ballots—names printed on.] 
It is hereby made the duty of the 
county clerk of each county to cause 
to be printed upon the primary bal¬ 
lot of each party for each precinct 
| in his county the name of each candi- 
j date whose petition for nomination 
I has been filed in the office of the 
county clerk as herein provided, and 
also the name of each candidate whose 
name has been certified to his office 
by the Secretary of State, “and in the 
order so certified/' 


35 








It shall be the duty of the city or > 
village or town clerk, as the case may j 
be, to cause to be printed upon the | 
primary ballot of each political party 
for each precinct in his city, village j 
or town, as the case may be, the name ; 
of each candidate whose petition for 
nomination has been filed in his office, i 
as herein provided and which is to be 
voted for in such precinct. 

§ 34. Ballots — color — size, etc.] 
The primary ballot of each political i 
party shall be separately printed upon 
paper of uniform quality, texture and 
size, but the primary ballot of no two 
political parties shall be of the same 
color or tint. 

The clerk, whose duty it shall be to 
cause to be printed the primary ballot, 
shall, at least fifteen (15) days prior 
to the date of the primary, post in a 
conspicuous place in his office an an¬ 
nouncement of the color of the pri¬ 
mary ballot of the respective parties, 
and, in the case of the county clerk, 
shall also publish such announcement 
for at least one (1) week in at least 
three (3) newspapers of general circu¬ 
lation in the county. In the case of 
the city clerk, such publication shall 
be made at least one (1) week in three 
(3) newspapers printed and published 
in the city, if there be three news¬ 
papers printed and published in said 
city. 

§35. Ballots — form.] The primary 
ballot of each political party for each 
precinct shall be arranged and printed 
substantially in the manner following: 


36 






’ 1. Designating words.] At the top 

of the ballot shall be printed in large 
capital letters, words designating the 
ballot—if a Republican ballot, the des¬ 
ignating words shall be: “REPUBLI¬ 
CAN PRIMARY BALLOT;” if a Demo¬ 
cratic ballot the designating words 
shall be: “DEMOCRATIC PRIMARY 
BALLOT;” and in like manner for 
each political party. 

2. Order of names — directions to 
voters, etc.] Beginning not less than 
( one inch below designating words, the 
j name of each office to be filled shall be 
| printed in capital letters and in the 
(following order, to wit: President of 
the United States, State offices, con¬ 
gressional offices, judicial offices, clerks 
of the appellate courts, members of 
, the State central committee, trustees 
of sanitary districts, county offices, city 
| and village offices, town offices, or of 
l such of the said offices as candidates 
| are to be nominated for at such pri- 
! mary, and ward committeemen. 

Below the name of each office shall 
I be printed in small letters the direc¬ 
tions to voters: “Vote for one;” 
“Vote for two;” “Vote for three;” or a 
spelled number designating how many 
persons under that head are to be 
voted for. 

Below the name of each office shall 
! be printed in capital letters the names 
of all candidates, arranged in the or¬ 
der in which their petitions for nomi¬ 
nation were filed, except as otherwise 
provided in section 33 of this Act, for 
the nomination for said offices which 


37 





are entitled to be placed upon the 
respective party primary ballot. Be¬ 
low the name of each candidate for 
delegate and alternate delegate to Na¬ 
tional nominating conventions shall 
[be] print[ed] the name of the candi¬ 
date for President of the United States ; 
for whom such delegate or alternate 
delegate has expressed a preference, 
or if no choice has been expressed 
shall be printed the words “No pref¬ 
erence.” The names of all candidates 
upon the primary ballot shall be 
printed in a column. Immediately op¬ 
posite and in front of the name of 
each candidate shall be printed a ' 
square and all squares upon the pri¬ 
mary ballot shall be of uniform size. 
Spaces between the names of candi¬ 
dates under each office shall be uni¬ 
form and sufficient spaces shall sep¬ 
arate the names of candidates for one 
office from the names of candidates 
for another office, to avoid confusion. 

(3) Precinct committeeman—excep¬ 
tion.] At the bottom of the primary 
ballot and under the heading “For 
precinct committeeman,” a space suf¬ 
ficiently large shall be left in which the 
primary electors may write or attach 
the name of one primary elector of 
his party in the precinct as his choice 
for precinct committeeman. No square 
need be placed in front of the name 
of the person voted for precinct com¬ 
mitteeman: Provided, however, the 

provisions of this sub-section three 
(3) of section 35, shall not apply to 
precincts within the territorial limits 


38 





[of an incorporated city or village hav- 
1 ing a population of two hundred thou- 
■jsand (200,000) or over. [As amended 
' June 30, 1913. 

I §'36. Ballots — endorsements.] On 
the back or outside of the primary bal¬ 
lot of each precinct, so as to appear 
[[when folded, shall be printed the words 
| “Primary Ballot,” followed by designa¬ 
tion of said precinct, the date of the 
| primary and a facsimile of the signa- 
[ ture of the clerk who furnished the 
; ballots. 

§ 37. Specimen ballots.] The officer 
whose duty it shall be to cause the 
printing of the primary ballots shall, 
not less than five (5) days prior to 
the primary, transmit or cause to be 
delivered to the primary judges, speci¬ 
men ballots of each political party, 

! substantially in the form of the official 
primary ballots, to be used at the 
primary, which specimen ballot shall 
be printed upon paper of a different 
texture and color from the official pri¬ 
mary ballot, and it shall be the duty 
of the primary judges to post not less 
than five (5) of each such specimen 
. ballots in the precinct, one of each 
such specimen ballots to be posted at 
the polling place. 

§ 38. Ballots—delivery to judges.] 
The officer so charged with the print¬ 
ing of primary ballots shall cause to 
be delivered to the primary judges 
of each precinct not less than twelve 
(12) hours before the time fixed for 
the opening of the polls, the official 
‘primary ballot of each political 


39 




party, and the number thereof for each 
political party in each precinct shall 
be one hundred (100) for each fifty 
(50) votes cast in said precinct by 
said political party at the last pre¬ 
ceding election. 

§ 39. Ballots — receipts for.] The 
official primary ballots shall be put 
in separate sealed packages with 
marks on the outside thereof clearly 
designating the precinct for which I 
they are intended, and the number of 
ballots enclosed for each political | 
party and a receipt therefor shall be 
given by the primary judge to whom 
such ballots are delivered, which re- \ 
ceipt shall be filed by the proper clerk : 
in his office. 

§ 40. Extra ballots.] The officer 
so charged with the printing of pri¬ 
mary ballots shall provide and retain 
in his office until after the primary an 
ample supply of extra primary ballots 
for each political party in each pre¬ 
cinct and if at any time before or 
during the primary, ballots of any 
precinct shall be lost, destroyed or ex- : 
hausted, on written application signed 
by the primary judges of said precinct, 
or any of them, he shall immediately 
cause to be delivered to said primary 
judges such supply of extra ballots as 
may be required to comply with the 
provisions of this Act. 

§ 41. Polls — opening and closing.] 1 
Upon the opening of the polls one of 
the primary judges shall make procla¬ 
mation of the same. And at least I 
thirty (30) minutes before the clas- 


40 



ing of the polls proclamation shall 
be made in like manner that the 
polls will be closed in half an hour. 

§ 42. Ballot box—care and cus¬ 
tody.] Before voting begins, the bal¬ 
lot box shall be emptied and it shall 
be opened and shown to those present 
to be emptied, after which it shall be 
locked and the key delivered to one 
of the primary judges, and such ballot 
i box shall not be removed from public 
view from the time it is shown to be 
empty unfil after the close of the polls. 

§ 43. Qualification of voters — 
women.] Every person having resided 
in this State one year, in the county 
ninety days, and in the precinct thirty 
days next preceding any primary 
! therein, who was an elector in this 
State on the first day of April in the 
1 year of our Lord 1848, or obtained a 
certificate of naturalization before any 
court of record in this State prior to 
L the first day of January, in the year of 
our Lord 1870, or who shall be a male 
i citizen of the United States above the 
age of twenty-one years, shall be en¬ 
titled to vote at such primary: Pro¬ 
vided, however, that all women citi¬ 
zens of the United States above the 
age of twenty-one years having re¬ 
sided in the State one year, in the 
county ninety days, and in the election 
district thirty days, next preceding 
any primary election held therein, 
may vote at such primary for the 
nomination of candidates for such 
offices as such women may vote for at 
the election for which such primary 
i is held. 


41 






Separate ballot boxes and ballots i 
shall be provided for women, which ! 
ballots shall contain the names of 1 
candidates for nomination for such 
offices which are to be voted for. 

The following regulations shall be ! 
applicable to primaries: 

No person shall be entitled to vote 
at a primary: 

(a) Declaration of party affilia- | 
tion.] Unless he declares his party 
affiliations as required by this Act; 

(b) Petitoner of another party.] 
Who shall have signed the petition 
for nomination of a candidate of any 
party with which he does not affiliate, 
when such candidate is to be voted for 
at the primary; 

(c) Independent petitioner.] Who 
shall have signed the nominating 
papers of an independent candidate 
for any office for which office candi¬ 
dates for nomination are to be voted 
for at such primary; or 

(d) Vote at primary of another 

PARTY-EXCEPTION-REGISTRATION—ERA¬ 

SURE OF NAME—HEARING ON APPEAL.] 

If he shall have voted at a primary 
held under this Act of another polit¬ 
ical party within a period, of two 
years next preceding such primary: 
Provided, participation by a primary 
elector in a primary of a political 
party which, under the provisions of 
section 2 of this Act, is a political 
party within a city only and entitled 
hereunder to make nominations of 
candidates for city offices only, and for 
no other office or offices, shall not dis- 


42 









qualify such primary elector from par- 
! ticipating in other primaries of this 
[his] party: And, provided, that no 
qualified voter shall be precluded from 
participating in the primary of any 
purely city, village or town political 
party under the provisions of section 
2 of this Act, by reason of such voter 
| having voted within two years at the 
primary of another political party. 

In cities having a board of election 
I commissioners, the following addi¬ 
tional regulations shall be applicable: 
In such cities only voters, registered 
ii as herein provided, shall be entitled 
j to vote at such primary. The regis¬ 
tration books prepared for and used 
1 at the election then next preceding 
shall be used for the primary, and any 
person therein registered shall be en¬ 
titled to vote at the primary unless he 
shall have removed from the election 
j precinct or become otherwise disqual- 
? ified. In any such city having a pop¬ 
ulation of less than 200,000 any person 
i whose name does not appear on the 
registry books who is, or shall, at or 
| before the primary, become a primary 
! elector of the precinct in which he 
; desires to vote, shall be entitled to 
i vote at such primary by filing, or caus- 
' ing to be filed with the board of elec¬ 
tion commissioners, twenty days prior 
to a primary, an affidavit, or affirma¬ 
tion, specifying the facts showing that 
on the date of such primary he will 
be a legally qualified primary elector 
in the precinct in which he desires to 
vote. 


43 



Such affidavit, or affirmation for reg¬ 
istration, shall state the name of the 
applicant, the place and date of his 
nativity, the term of his residence at 
his then present address, in the pre¬ 
cinct, county, state and United States, 
the fact of his naturalization, if the 
applicant is a naturalized citizen, 
specifying the court, if known, or if 
not known, the city in which the court 
was held where such citizen was nat¬ 
uralized, and the residence when last 
registered, if the applicant was pre¬ 
viously registered. It shall he the 
duty of the board of election commis¬ 
sioners to prepare proper forms of 
such affidavit, or affirmation. 

Upon the filing of such affidavit, or 
affirmation, the board of election com¬ 
missioners shall place the name of 
such primary elector in the original 
registration books for the proper pre¬ 
cinct, specifying the precinct from 
ivhich he is transferred, if previously 
registered in another precinct, and 
shall also make a minute opposite his 
name in the original registration 
books of the precinct from which he 
was [has] removed, showing the pre¬ 
cinct to which his name is transferred, 
or, as the case may be, shall add the 
name of such primary elector in the 
original registration books for the 
proper precinct and the reason of the 
registration thereof. 

At least five days prior to the date 
of the primary, the board of election 
commissioners shall cause to be posted 
at each polling place in each precinct, 


44 










! in a book substantially in the form 
, now used for “verification lists” under 
I the general election laws of this State, 
i the name and address of each primary 
I elector who has been registered for the 
primary by having filed an affidavit, 
or affirmation, as above set forth. 

In any such city having a population 
I of 200,000 or more, and in any incor¬ 
porated town, under the jurisdiction 
of such board of election commission¬ 
ers the said registration books shall be 
j revised three weeks preceding such 
! primaries under the direction of said 
| board of election commissioners in the 
! same manner as is now provided by 
law for intermediate registration in 
i cities having boards of election com¬ 
missioners, provided, that when an in¬ 
termediate registration and revision is 
now provided for by law to be held 
within thirty days prior to such pri¬ 
mary election then such intermediate 
i registration and revision shall be the 
registration and revision for such pri- 
i mary election. 

Any primary elector of a precinct 
may, on the eleventh and twelfth days 
immediately preceding the primary, 
file with the board of election commis¬ 
sioners an aplication, signed and 
sworn to by him, requesting the name 
of a person registered on the registra¬ 
tion books as herein provided, shall 
be erased therefrom, for the reason 
that such person so registered is not, 
or will not on or before the date of 
the primary, be a legal primary elector 
of the precinct, which application shall 


45 



be in substance, in the words and fig¬ 
ures following: 

“I,.. do hereby solemnly 

swear (or affirm) that I am informed 

and believe that.is not a 

qualified voter in the.precinct 

of the.ward of the city (vil¬ 
lage or town) of.and that 

said.will not be a qualified 

voter of such precinct and ward on 

the.day of.A. D... 

and hence ask that his name be erased 
from the registers of such precinct.” 

Notice of such application with a 
demand to appear and show cause why 
such name should not be erased, shall 
thereupon be given tQ such person by 
the board of election commissioners. 
Such notice shall be served upon such 
person personally, or left at the place 
of residence named in such registra¬ 
tion books, and a copy thereof shall be 
sent by mail, postage prepaid, at least 
two days before the day fixed, to show 
cause, addressed to the person whose 
right to vote is challenged, at the ad¬ 
dress given in such registration books. 
In case personal service can not be 
had, the return of the board of elec¬ 
tion commissioners shall so state and 
the reason therefor. 

On Monday, Tuesday and Wednes¬ 
day next preceding the primary, the 
board of election commissioners shall 
sit to hear such application by wards 
and precincts in the numerical order. 
At the request of either party, sub¬ 
poenas shall be issued, and witnesses 
may be sworn and heard upon such 


46 













. hearing. Each person appearing in re¬ 
sponse to an application to erase a 
. name shall subscribe and swear to an 

I answer in the presence of a member 

I I of the board of election commissioners, 
f ! substantially in the following form: 

“I, .. do solemnly swear 

that I am a citizen of the United 
States; that I have resided in the 

I State of Illinois since the.day 

I of.A. D...and in the county 

[of].. said State, since the 

I.day of.. A. D.. 

and in the.precinct of the 

.ward, in the city of. 

said county and State, since the 

.day of.A. D.; 

and that I am.years of age; 

that I am the identical person regis¬ 
tered in said precinct for the primary 
under the name I subscribe hereto.” 

Such answer shall be filed with the 
board of election commissioners. 

The decision on each application 
shall be announced at once after hear¬ 
ing, and where such application is 
allowed, such name shall be erased 
forthwith. 

The county court of the county in 
which such city is situated shall on 
Friday and Saturday of the week prior 
! to the week in which such primary is 
to be held, especially sit to hear such 
application as may be made to it by 
persons whose names have been 
stricken from the registry list as above 
provided. Such application shall be 
sworn to and shall state that the 
board of election commissioners has 


47 
















stricken such name from the registry 
list. Such application shall be heard 
summarily and evidence may be in¬ 
troduced for or against such applica¬ 
tion. Each case shall be decided at 
once on hearing, and the clerk of the 
court shall make a minute of the dis¬ 
position of each application. A copy 
of such minute shall at once be given 
to such board of election commission¬ 
ers, and, when such minute indicates 
that the name of the applicant shall 
be restored to the registry, the board 
of election commissioners shall forth¬ 
with cause such name to be placed 
upon the appropriate register, and in¬ 
dicate that it was entered by order of 
the court. 

In case such County Court shall re¬ 
fuse such application, an order shall 
be entered accordingly on the Monday 
following the session of the court held 
for the purpose aforesaid, and any per¬ 
son desiring to appeal from the said 
order may appeal to the Supreme 
Court of the State, if the application 
be made therefor within five days after 
the entry of said court, and such ap¬ 
peal shall be allowed on the giving < 
an appeal bond in the penalty of 
$250.00, conditioned to pay the ex¬ 
penses of such appeal. The time for 
filing such appeal bond and certificate 
of evidence shall be fixed by the court, 
and upon presentation to the court of 
a certificate containing the evidence 
heard at such hearing, within the time 
fixed by the court, the court shall sign 
the same, and thereupon the same shall 


48 



become part of the record in said 
cause. 

The original registration books, re¬ 
vised as herein provided, shall con¬ 
stitute the primary registration. [As 
amended by Act approved January 24, 
1916. 

§ 44. Voter—party affiliation, etc.] 
Any person desiring to vote at a pri¬ 
mary shall state his name, residence 
and party affiliation to the primary 
judges, one of whom shall thereupon 
announce the same in a distinct tone 
of voice, sufficiently loud to be heard 
by all persons in the polling place. 
If the person desiring to vote is not 
challenged, one of the primary judges 
shall give to him one, and only one, 
primary ballot of the political party 
with which he declares himself affili¬ 
ated, on the back of which such pri¬ 
mary judge shall endorse his initials 
in such manner that they may be seen 
when the primary ballot is properly 
folded. If the person desiring to vote 
is challenged he shall not receive a 
primary ballot from the primary 
judges until he shall have established 
his right to vote as hereinafter pro¬ 
vided. No person who refuses to state 
his party affiliation shall be allowed 
to vote at a primary. 

§ 45. Challenged voter—affidavits.] 
Whenever a person offering to vote at 
a primary is challenged, the person 
so challenged shall make and subscribe 
an affidavit in the following form, 
which shall be presented to and re¬ 
tained by the primary judges and 


49 






clerks and returned by them with th 
primary poll book: 


State of.. 
County of 


ss. 


I,.. do solemnly swear 

(or affirm) that I am a citizen of the 
United States, of the age of twenty- 
one years or over, and am qualified to 
vote under and by virtue of the Con¬ 
stitution and laws of the State of Illi¬ 
nois, and am a legally qualified voter 
of this precinct, that I now reside at 

.(insert street and number, 

if any) in this precinct, and am a 
member of and affiliated with the 

.party; that I have not voted 

at a primary of another political party 
within a period of two years prior to 
this date; and that I voted at the 

.city, village or town primary* 

with the.political party at the 


.election held in.A. 

D.... which said.political 


party was entitled at said primary to 
make nominations of candidates for 
city, village or town offices only, and 
for no other offices, and that the name 
or names of no candidate or candidates 

of the.political party 

(the political party with which the 
primary elector declares himself affili¬ 
ated) were, at such city, village or 
town primary, printed on the primary 
ballot; that I have not signed the peti¬ 
tion for nomination of a candidate of 
a political party with which I am not 
affiliated, and that I have not signed 
the nominating papers of an inde- 


50 














pendent candidate for any office for 
which office candidates for nomination 
are voted for at this primary. 

Subscribed and sworn to before me, 

this.day of. 

A. D. 


Judge of Primary. 

In addition to such affidavit the per¬ 
son so challenged shall produce the 
[affidavit of one householder of the pre¬ 
cinct, who shall be a qualified voter 
i at such primary, and who shall be 
j personally known or proved to the 
judges to be a householder in the pre- 
icinct, which affidavit shall be in the 
|following form: 

'State of Illinois, 

[County of. 

I.do solemnly swear (or 

!affirm) that I am a householder of 
rthis precinct and entitled to vote at 
.this primary; that I am acquainted 
, with.(name of the party chal¬ 

lenged), whose right to vote at the 
primary has been challenged; that I 
know him to be an actual bona fide 
[resident of this precinct and that he 
has resided herein thirty days, and I 
verily believe he has resided in this 
county ninety days, and in this State 
one year next preceding this primary; 
that I verily believe he is a member 

of and affiliated with the. 

party. 

Subscribed and sworn to before me, 
this.day of.A. D. 19... 


Judge of Primary. 
51 














§ 46. Ballot—how marked.] On re¬ 
ceiving from the primary judges a 
primary ballot of his party, the pri¬ 
mary elector shall forthwith and with¬ 
out leaving the polling place, retire 
alone to one of the voting booths and 
prepare such primary ballot by mark¬ 
ing a cross (X) in the square in front 
of and opposite the name of each can¬ 
didate of his choice for each office to 
be filled. At the primary at which a 
precinct committeeman is to be elected 
the primary elector may write or at¬ 
tach at the bottom of his primary bal¬ 
lot, in the space provided for that pur¬ 
pose, the name of one primary elector 
of his precinct, member of and affilia¬ 
ted with his political party, for pre¬ 
cinct committeeman. No other mark 
or designation shall be necessary to 
indicate the primary elector’s choice 
for prceinct committeeman. 

Any primary elector may, instead of 
voting for any candidate for nomina¬ 
tion or for committeeman whose name 
is printed on the primary ballot, write 
in the name of any other person af¬ 
filiated with such party as a candidate 
for the nomination for any office, or 
for committeeman, and indicate his 
choice of such candidate or committee¬ 
man by placing to the left of and op¬ 
posite the name thus written a square 
and by placing in the square a cross 
(X). And at the primary at which 
precinct committeemen are to be 
elected he shall write at the bottom of 
his primary ballot, in the space pro¬ 
vided for that purpose, the name of 
one primary elector of his precinct, 

52 





e- member of and affiliated with his po- 
a litical party, for precinct committee- 
i- man. No squares need be placed in 
h- front of the names of persons so voted 
re for, for precinct committeemen. 

‘d §47. Ballot—how voted.]; Before 
k leaving the booth, the primary elector 
shall fold his primary ballot in such 
manner as to conceal the marks there¬ 
to on. Such voter shall then vote forth- 
a with by handing the primary judge 
d the primary ballot received by such 
•t- voter. Thereupon the primary judge 
1-shall deposit such primary ballot in 
r- the ballot box. The primary clerk shall 
,r thereupon enter in the primary poll 
book the name of the primary elector, 
e- his residence and his party affiliation. 
k § 48. Assistance to voter.] Any pri- 
0 mary elector who may declare upon 
e oath that he cannot read the English 
language, or that by reason of any 
physical disability he is unable to 
l ' mark his ballot shall, upon request, be 
e assisted in marking his primary ballot 
? in the same manner as provided by the 
' general election laws of this State. 

r § 49. NO ADJOURNMENT OR RECESS.] 

s After the opening of the polls at a 
primary no adjournment shall be had 
nor recess taken until the canvass of 
, all the votes is completed and the re- 
5 turns carefully enveloped and sealed. 

i § 50. Canvass at polling place.] 
i The votes shall be canvassed in the 
: room or place where the primary is 
held and the primary judges shall not 
allow the ballot box or any of the bal¬ 
lots, or the primary poll book, or any 


53 





of the tally sheets to be removed or 
carried away from such room or poll¬ 
ing place until the canvass of the votes 
is completed and the returns carefully 
enveloped and sealed. 

§ 51. Ballots — defective, objected 
to, spoiled, etc.] If the primary elector 
marks more names upon the primary 
ballot than there are persons to be 
nominated as candidates for an office, 
or for State central committeemen, 
precinct or ward committeemen, or 
delegate or alternate delegate to Na¬ 
tional nominating conventions, or if 
for any reason it is impossible to de¬ 
termine the primary elector’s choice of 
a candidate for the nomination for an 
office, or committeeman, or delegate 
or alternate delegate to National nomi¬ 
nating conventions, his primary ballot 
shall not be counted for the nomina¬ 
tion for such office or committeeman, 
or delegate or alternate delegate to 
National nominating conventions. 

No primary ballot, without the en¬ 
dorsement of the judge’s initials there¬ 
on, shall be counted. Any judge wil¬ 
fully omitting to endorse his initials 
on a primary ballot, as required by 
this Act, shall be guilty of a misde¬ 
meanor and punishable by a fine not 
exceeding one hundred dollars for each 
offense. 

Primary ballots not counted shall be 
marked “defective” on the back there¬ 
of; and primary ballots to which ob¬ 
jections have been made by either of 
the primary judges or challengers 
shall be marked “objected to” on the 


54 




i back thereof; and a memorandum, 
' signed by the primary judges, stating 
’ how it was counted, shall be written 
on the back of each primary ballot so 
marked; and all primary ballots 
marked “defective” or “objected to” 
shall be enclosed in an envelope and 
securely sealed, and so marked and en¬ 
dorsed as to clearly disclose its con- 
i tents. 

All primary ballots not voted, and 
all that have been spoiled by voters 
while attempting to vote, shall be re¬ 
turned to the proper clerk, by the pri¬ 
mary judges, and a receipt taken there¬ 
for, and shall be preserved three 
months. Such official shall keep a rec¬ 
ord of the number of primary ballots 
delivered for each polling place, and 
he or they shall also enter upon such 
record the number and character of 
primary ballots returned, with the 
time when and the person by whom 
they are returned. [As amended June 
30, 1913. 

§ 52. Canvass of ballots.] Immedi¬ 
ately upon closing the polls, the pri¬ 
mary judges shall proceed to canvass 
the votes in the manner following: 

(1) They shall separate and count 
the ballots of each political party; 

(2) They shall then proceed to as¬ 
certain the number of names entered 
on the primary poll books under each 
party affiliation; 

(3) If the primary ballots of any 
political party exceed in number the 
names of voters of such political party 
entered on the primary poll books, the 

! primary ballots of such political party 


55 





shall be folded and replaced in the 
ballot box, the box closed, well shaken 
and again opened and one of the pri¬ 
mary judges, who shall be blindfolded, 
shall draw out and destroy so many oi 
the primary ballots of such political 
party as shall be equal to such ex¬ 
cess; 

(4) The primary judges shall then 
proceed to count the primary ballots 
of each political party separately; and 
as the primary judges shall open and 
read the primary ballots, each primary 
clerk shall carefully and correctly 
mark upon the tally sheets the votes 
which each candidate of the party 
whose name is written or printed on 
the primary ballot has received, in a 
separate column for that purpose, with! 
the name of such candidate, the name 
of his political party and the name of 
the office for which he is a candidate 
for nomination at the head of such 
column. 

§ 53. Canvass of ballots—form of 
certificate.] As soon as the ballots 
of a political party shall have been 
read and the votes of said political 
party counted, as provided in the last 
above section, the primary clerks shall 
foot up the tally sheets so as to show 
the total number of votes cast for 
each candidate of said political party 
and for each candidate for State cen¬ 
tral committeeman and precinct or 
ward committeeman, or delegate or 
alternate delegate to National nomi¬ 
nating conventions, and certify the 
same to be correct. Thereupon, the 
primary judges shall set down in 


56 



the primary poll books, under the 
name of said political party, the name 
of each candidate voted for upon the 
primary ballot, written at full length, 
the name of the office for which he is 
a candidate for nomination or for com¬ 
mitteeman, or delegate or alternate 
| delegate to National nominating con- 
! ventions, the total number of votes 
which said candidate received, and 
the primary poll books to be made 
substantially in the following form: 

.Party. 

| At the primary election held in this 

precinct on the.day of. 

A. D. 19.. the respective candi¬ 

dates whose names were written or 
j printed on the primary ballot of said 

.party, received respectively.. 

the following votes: 


Name of 
candidate. 

Title of office. 

No. of 
votes. 

John Jones 

Governor 

100 

! Sam Smith 

Governor 

70 

Frank Martin 

Attorney General 

150 

William Preston 

Representative in 



Congress 

206 

Frederick John 

County Judge 

59 


And so on for each candidate. 

We hereby certify the above and 
foregoing to be true and correct. 

Dated this.day of. 

A. D. 19.... 


Judges of Primary. 
[As amended June 30, 1913. 


57 




















§54. Ballots — strung, sealed and 
endorsed.] After the votes of a politi¬ 
cal party have been counted and set 
down and the tally sheets footed and 
the entry made in the primary poll 
books, as above provided all the pri-; 
mary ballots of said political party, 
except those marked “defective” or 
“objected to” shall be strung upon a 
strong thread or twine separately for i 
each political party in the order in | 
which said primary ballots have been, 
read, and shall thereupon be carefully 
sealed in an envelope, which envelope 
shall be endorsed as follows: 

Primary ballots of the. 

party of the.precinct of the 

county of.and State of Illi-J 

nois. 

Below each endorsement, each pri- 
mary judge shall write his name. 

§ 55. Precinct returns—how made.] 
The primary poll books, with the cer¬ 
tificates of the primary judges written 
thereon, and the tally sheets, together 
with the envelopes containing the bal¬ 
lots, shall be carefully enveloped and 
sealed up together, properly endorsed 
and put into the hands of the primary ; 
judges iyho shall within forty-eight 
(48) hours thereafter, deliver the same 
to the clerk from whom the primary 
ballots were obtained, which clerk 
shall safely keep the same for three 
(3) months. 

§ 56. Canvass of returns.] As soon 
as complete returns are delivered to 
the proper clerk, the returns shall be 
canvassed as follows: 


58 








1. City officers.] In the case of the 
nomination of candidates for city of¬ 
fices, by the mayor, the city attorney 
and the city clerk. 

2. Village officers.] In the case of 
nomination of candidates for village 

• offices, by the president of the board of 
j trustees, one member of the board of 
r trustees, and the village clerk. 

3. County canvassing board.] The 
officers who are charged by law with 

[ the duty of canvassing returns of 
' general elections made to the county 
blerk, shall also open and canvass 
; the returns of a primary made to 
such county clerk. Upon the comple¬ 
tion of the canvass of the returns by 
the county canvassing board, said can¬ 
vassing board shall make a tabulated 
statement of the returns for each po¬ 
litical party separately, stating in ap¬ 
propriate columns and under proper 
headings, the total number of votes 
cast in said county for each candidate 
for nomination by said party, includ¬ 
ing candidates for President of the 
’ United States and for State central 
i committeemen, and for delegate and 
alternate delegate to National nomina¬ 
ting conventions. Within two (2) days 
after the completion of said canvass 
by said canvassing board the county 
clerk shall mail to the Secretary of 
State a certified copy of such tabu¬ 
lated statement of returns: Provided , 
| however, that the number of votes 
I cast for the nomination for offices, the 


59 ‘ 








certificate of election for which offices, 
under the general election laws are 
issued by the county clerk shall not 
be included in such certified copy of 
said tabulated statement of returns. 

4. State canvassing board.] In the 

case of the nomination of candidates 
for offices, including President of the 
United States and State central com- i 
mitteeman, and delegates and alter- 1 
nate delegates to National nominating 
conventions, certified tabulated state¬ 
ment of returns for which are filed 
with the Secretary of State, said re¬ 
turns shall be canvassed by the Gover¬ 
nor, Secretary of State and State 
Treasurer: And, provided, further, ! 

that within five (5) days after said re- j 
turns shall be canvassed by the said 
State Primary Canvassing Board, the ’ 
Secretary of State shall cause to be 
published in one daily newspaper of 
general circulation at the seat of the 
State government in Springfield a cer¬ 
tified statement of the returns filed in 
his office, showing the total vote cast 
in the State for each candidate of each 
political party for President of the 
United States, and showing the total 
vote for each candidate of each politi¬ 
cal party for President of the United 
States, cast in each of the several con¬ 
gressional districts in the State, and 
stating the names of the delegates and 
alternate delegates to National nomi¬ 
nating conventions for each political 
party. 

5. Election commissioners.] Where, 
in cities or villages which have a board 


60 




of election commissioners, the returns 
of a primary are made to such board 
of election commissioners, said returns 
shall be canvassed by such board, and, 
excepting in the case of the nomina¬ 
tion of candidate for any city or town 
j! office in such city, tabulated state- 
! ments of the returns of such primary 
shall be made to the county clerk. [As 
| amended June 30, 1913. 

§ 57. Certificates of nomination 
j and election.] Each of said canvass- 
| ing boards, respectively, shall, upon 
completion of the canvassing of the re¬ 
turns, make proclamation of the re¬ 
sult of said primary for each political 
party, and shall make and execute a 
certificate, and unless a notice of con¬ 
test shall have been filed with said 
canvassing board ten (10) days after 
completion of the canvass, shall file 
such certificates in the office of the 
Secretary of State, or in the office of 
the clerk whose duty it is to print the 
official ballot for the election for which 
the nomination is made, as the case 
■ may be, stating therein the name of 
each candidate of each political party 
I so nominated or elected, as shown by 
the returns, together with the name 
I of the office for which he was nomi¬ 
nated or elected, including ward com¬ 
mitteemen, and including in the case 
of the State primary canvassing board, 
candidates for State central commit¬ 
teemen, and delegates and alternate 
delegates to National nominating con¬ 
ventions. In case of delegates and 
alternate delegates to National nomi- 


61 








nating conventions such certificates 
shall show the name of the candidate 
for President of the United States, 
for whom such delegates or alternate ; 
delegates have expressed their choice 1 
as disclosed from their statements in 
writing on file in the office of the 
Secretary of State. In case a notice 
of contest shall be filed with any can¬ 
vassing board, such canvassing board 
shall withhold its certificate until a jl 
certified copy of the decree or order of 
the court hearing such contest shall 
have been filed with such canvassing 
board. The said canvassing board 
shall, within one (1) day after re¬ 
ceiving a certified copy of said decree 
or order, proceed to finish the canvass 
of the returns as corrected by such 
decree and make proclamation accord¬ 
ingly. 

Upon the filing of said certificate in 
the office of the Secretary of State, or 
in the office of the proper clerk, as the j 
case may be, the Secretary of State, ; 
or the proper clerk, as the case may 
be, shall within one (1) day thereafter, j 
issue a certificate of nomination to 
each of the candidates so proclaimed i 
nominated. 

The Secretary of State shall also 
issue a certificate of election to each of 
the persons shown by the returns and 
the proclamation thereof to be elected | 
State central committeeman, and dele- i 
gates and alternate delegates to Na- j 
tional nominating conventions. [As ' 
amended June 30, 1913. 

§ 58. Plurality nominations. Tie I 
vote.] The person receiving the high-. 


62 




est number of votes at a primary as 
1 a candidate of a party for the nomina- 
! tion for an office, shall be the candi¬ 
date of that party for such office and 
his name as such candidate shall be 
placed on the official ballot at the elec¬ 
tion then next ensuing: Provided, 
that where there are two or more per¬ 
sons to be nominated for the same office 
or board, the requisite number of per¬ 
sons receiving the highest number of 
votes shall be nominated and their 
names shall be placed on the official 
ballot at the following election. 

In the case of candidates for nomi¬ 
nation for members of the board of 
assessors, where five are to be elected, 
four of whom are to be elected from 
any one city and the city has the re¬ 
quisite number, then the candidate for 
nomination living outside of such city 
having the highest number of votes 
of his party shall be nominated, and 
his name shall be placed on the official 
ballot at the following election. 

The person receiving the highest 
number of votes of his party for State 
central committeeman of his congres¬ 
sional district shall be declared elected 
State central committeeman from said 
| congressional district. 

The requisite number of persons re¬ 
ceiving the highest number of votes of 
their party for delegates and alternate 
delegates to National nominating con¬ 
ventions as disclosed from the certifi¬ 
cate of the State central committee of 
such political party on file in the office 
of the Secretary of State shall be de¬ 
clared elected delegates and alternate 


63 






delegates to the National nominating 
convention of their party. 

The person receiving the highest 
number of votes of his party for ward 
committeeman of his ward shall be de¬ 
clared elected ward committeeman 
from said ward. 

When two or more persons receive 
an equal and the highest number of 
votes for the nomination for the same 
office or for committeeman of the same 
political party, or where more than 
one person of the same political party 
is to be nominated as a candidate for 
office or committeeman, if it appears 
that more than the number of persons 
to be nominated for an office or elected 
committeeman have the highest and 
an equal number of votes for the nomi¬ 
nation for the same office or for elec¬ 
tion as committeeman, the board by 
which the returns of the primary are 
convassed shall decide by lot which of 
such persons shall be nominated or 
elected, as the case may be. In such 
case such canvassing board shall issue 
notice in writing to such persons of 
such tie vote, stating therein the place, 
the day (which shall not be more than 
five (5) days thereafter), and the hour 
when such nomination or election 
shall be so determined. [As amended 
June 30, 1913. 

§ 59. Ballot fob general election.] 
When the nomination is made for an 
office to be filled by the electors of an 
entire county, and where it is the duty 
of the county clerk to prepare the 
official ballot for election, it shall be 
the duty of the county clerk, under 


64 





5 this Act, to place upon the official bal¬ 
lot to he voted at the election the 
t names of all candidates nominated for 
j office, as herein provided, as shown by 
. the certificate of the canvassing board 
, on file in his office, and the names of 
all candidates certified to him by the 
Secretary of State as herein provided. 

When the nomination is made for an 
office to be filled by the electors of an 
entire city or village, including aider- 
man, and where it is the duty of the 
city or village clerk to prepare the of¬ 
ficial ballot for the. election, it shall be 
the duty of the city or village clerk, 
under this Act, to place upon the of¬ 
ficial ballot to be voted at the election 
the names of all candidates nominated 
for office, as herein provided, as shown 
by the certificate of the canvassing 
board on file in his office. 

When the nomination is made for an 
office to be filled by the electors of an 
entire town, and where it is the duty 
of the town clerk to prepare the of¬ 
ficial ballot for the election, it shall be 
the duty of the town clerk, under this 
Act, to place upon the official ballot to 
be voted at the election, the names of 
all candidates, nominated for office, as 
i herein provided, as shown by the cer¬ 
tificate of the canvassing board on file 
in his office. 

Not less than fifteen (15) days be¬ 
fore an election to fill any office, the 
Secretary of State shall certify to the 
county clerk of each county within 
which any of the electors may, by law, 
vote for such candidates for such of¬ 
fices, the name and description of each 


65 










person nominated for such office, as 
shown by the certificate- of the can¬ 
vassing board on file in his office. 

§ 60. Special elections—filling va¬ 
cancies.] Whenever a special election 
shall be necessary, the provisions of 
this Act shall be applicable to the 
nomination of candidates to be voted 
for at such special election. The of¬ 
ficer or board or commission whose 
duty it is, under the general election 
laws of this State, to call an election, 
shall fix a date for the primary for 
the nomination of candidates to be 
voted for at such special election. At 
least fifteen (15) days’ notice shall be 
. given of such primary. 

In case a candidate who has been 
nominated under the provisions of this 
Act shall die before election, or decline 
the nomination, or should the nomina¬ 
tion for any other reason become va¬ 
cant, the managing committee of the 
respective political parties for the ter¬ 
ritorial area in which such vacancy 
occurs, shall nominate a candidate or 
candidates of the respective parties to 
fill such vacancies on the ticket. 

§ 61. Board of election commission¬ 
ers — duties.] In cities having a board 
of election commissioners the duties 
herein imposed upon the county, qity 
or village clerk, as the case may be, 
shall be discharged by the board of 
election commissioners, in the same 
manner, as near as may be, and to the 
same extent and with like effect that 
the similar duties imposed by this Act 
are discharged by the county, city or 
village clerk, as the case may be; and 


66 






. the ballots for the nomination of all 
candidates to be voted for in such city 
j shall be printed by the board of elec- 
. tion commissioners and the returns 
f |of the primary held in such city shall 
Jbe made to such board of election com- 
j missioners. 

L § 62. Contests — jurisdiction — pro¬ 
ceedings.] Any candidate whose name 
1 appears upon the primary ballot of 
any political party in any precinct 
I may contest the election of the can¬ 
didates nominated by his political 
party, upon the face of the returns, 
if he so desires, and may, in said 
county or any of the precincts thereof 
as to the office for which he was a 
1 candidate, contest the election in such 
1 county or precinct by filing with the 
clerk of the county court, except in 
the case of candidates for the nomi¬ 
nation for State and congressional offi¬ 
ces and for the office of county judge, 
a petition in writing, setting forth the 
grounds of contest, which petition 
shall be verified by the affidavit of the 
petitioner or other person, and which 
petition shall be filed within five (5) 
days after the completion of the can¬ 
vass of the returns. The contestant 
shall also file with the canvassing 
board, which canvasses the returns for 
such nomination (and if for the nomi¬ 
nation for an office, certified tabulated 
statements of the returns of which 
are to be filed with the Secretary of 
State), also with the county canvass¬ 
ing board, a notice of the pendancy of 
the contest. In the case of a contest 


67 






for the nomination for State and con¬ 
gressional offices and for the office of 
county judge, said petition shall be 
filed in the office of the clerk of the 
circuit court. 

Authority and jurisdiction are here¬ 
by vested in the county court or in the 
judge thereof in vacation, or in the 
circuit court or in the judges thereof 
in vacation, as the case may be, to 
hear and determine primary contests. 
When a petition to contest a primary 
shall be filed in the office of the clerk 
of the court, said petition shall forth¬ 
with be presented to the judge there¬ 
of, who shall note thereon the date of j 
presentation, and shall also note there¬ 
on the day when he will hear the same, 
which shall not be more than five (5) 
days thereafter, and shall order is¬ 
suance of summons to each defendant 
named in the petition. 

Summons shall forthwith issue to 
each defendant named in the petition 
and shall be served in the same man¬ 
ner as is provided in cases in chan¬ 
cery. Summons may be issued and 
served in any county in the State. The 
case may be heard and determined by 
the county or circuit court in term 
time, or by the judges thereof in vaca¬ 
tion, at any time not less than three 
(3) days after service of process, and 
shall have preference in the order of 
hearing to all other cases. The peti¬ 
tioner shall give security for all costs. 

If, in the opinion of the court in 
which the petition is filed, the grounds 


68 




i- for contest alleged are insufficient in 
f law, the petition shall be dismissed, 
e If the grounds alleged are sufficient 
e in law, the court shall proceed in a 
summary manner and may hear evi¬ 
dence, examine the returns, recount 
Jthe ballots and make such orders and 
“| enter such judgment as justice may re- 
j I quire. The court shall ascertain and 
{declare by a decree, as in chancery to 
1 be entered of record in the proper 
’ l court, the result pf such election in the 
J territorial area for which the contest 
| is made. The judgment of the court 
; shall be final. A certified copy of said 
| decree shall forthwith be made by the 
[clerk of the court and transmitted to 
the board canvassing the returns for 
such office; and in case of contest, if 
I for nomination for an office, tabulated 
statements of returns for which are 
filed with the Secretary of State, also 
in the office of the county clerk in the 
I proper county. The proper canvassing 
board, or boards as the case may be, 
! shall correct the returns or the tabu¬ 
lated statement of returns in accord¬ 
ance with said decree. [As amended 
June 30, 1913. 

§63. Independent candidates.] Noth¬ 
ing in this Act contained shall be con¬ 
strued to prevent the nomination of 
independent candidates by petition, as 
is now or may hereafter be provided 
by law. 

§ 64. Liquor— penajlty.] No spiritu¬ 
ous, malt, vinous or intoxicating liquor 
shall be sold or given away, nor shall 
any saloon, bar room or place where 
such liquor is sold or given away be 


69 . 





open during the holding of any pri¬ 
mary. Whoever violates the provi¬ 
sions of this section shall be fined in a 
sum not less than twenty-five (25) nor 
more than one hundred (100) dollars. 
It shall be the duty of the sheriff, con¬ 
stable, coroner, and any other officers 
of the county, the magistrates and 
mayors of cities to see that the provi¬ 
sions of this section are enforced. 

§ 65. False swearing deemed per¬ 
jury.] If any person whose vote is 
challenged, or any witness sworn un¬ 
der the provisions of this Act, shall 
knowingly, wilfully and corruptly 
swear falsely, he shall be deemed 
guilty of perjury and on conviction 
thereof shall be punished accordingly. 

§ 66. Illegal voting—bribery, etc.— 
penalty.] (1) Whoever unlawfully 
votes more than once at any -primary 
or offers to vote after having once 
voted at such primary, or knowing 
that he is not a qualified elector at a 
primary, wilfully votes at such pri¬ 
mary, shall, on conviction thereof, be 
fined in a sum not exceeding one thou¬ 
sand (1,000) dollars, or imprisoned in 
the county jail not exceeding one (1) 
year, or both, in the discretion of the 
court. 

(2) Whoever wilfully aids or abets 
any one not legally qualified to vote 
at a primary in voting or attempting 
to vote at such primary; or, 

(3) By unlawful means prevents or 
attempts to prevent any primary elec¬ 
tor from attending or voting at a pri¬ 
mary; or 


70 




j. (4) Gives or offers to give any valu- 
j. able thing or bribe to any judge or 
a clerk of a primary, as a consideration 
r of some act to be done or omitted to 
; be done contrary to his official duty 
[. in relation to such primary, shall, on 
g conviction thereof, be fined in a sum 
j not exceeding one thousand (1,000) 

. dollars, or imprisoned in the county 
jail not exceeding one (1) year, or 
both, in the discretion of the court; 
any judge or clerk who shall receive, 
! request or demand any bribe or re¬ 
ward, forbidden by this Act, shall, on 
conviction, be liable to the same pen¬ 
alties as prescribed in this Act for 
giving or offering to give such bribe 
or reward. 

§ 67. Bribery defined — prosecution 
—penalty.] (1) Any person who shall 
solicit, request, demand or receive, di¬ 
rectly or indirectly, any money, intoxi¬ 
cating liquor or other thing of value or 
his promise thereof, either to influence 
his vote, or to be used, or under the 
pretense of being used to procure the 
vote of any other person or persons or 
to be used at any poll or other place 
prior to or on the day of a primary for 
or against any candidate for office, or 
for or against any measure or ques¬ 
tions to be voted upon at such primary, 
shall be deemed guilty of the infamous 
crime of bribery in primaries, and 
upon conviction thereof in any court 
of record, shall be sentenced to dis¬ 
franchisement by the judge of such 
court for a term of not less than five 
and not more than fifteen years, and 
to the county jail not less than three 


71 





months or more than one year, and to 
pay the cost of prosecution and stand 
committed to the county jail until 
such costs are fully paid. That for a 
conviction of a second offense under 
this section, the first being alleged and 
proven, such offender shall be by sen¬ 
tence of the court forever thereafter 
disfranchised and deprived of the right 
to vote at a primary in this State, and 
be imprisoned in the county jail not 
less than one year, and be committed 
to jail in default of the payment of 
costs of prosecution until such costs 
are fully paid. Prosecutions may be 
had under this section by indictment 
in the circuit court, or by information 
in the county courts, and the effect of 
a sentence of disfranchisement in 
either of said courts, both having jur- j 
isdiction of offenses hereunder, shall 
be to deprive such persons sentenced 
to [of] the right to vote at any pri¬ 
mary within this State for a period of 
time fixed by the court where such per¬ 
son shall be convicted under this sec¬ 
tion. Any candidate or other person 
paying, furnishing or promising to pay 
or furnish, or bribing such person with 
money, intoxicating liquor or any 
other thing of value, or the promise 
thereof, shall not be liable to punish¬ 
ment therefor, but shall be a compe¬ 
tent witness and compelled to testify 
in prosecutions under this section. 
Solicitations of any person, or a loan 
of money or the purchase of anything 
of value, or any other subterfuge shall 
be deemed a violation thereof. 


72 




' 

o (2) Any person who shall have been 
1 legally convicted and disfranchised by 
1 a court of competent jurisdiction, who 
a] shall, before the expiration of his term 
r of disfranchisement, vote or offer to 

I vote at any primary within this State 
• i shall, upon indictment and conviction 
r thereof in a court of competent juris- 

II diction, be confined in the penitentiary 
1 for a term of years not less than one 
tj nor more than ten years. 

| § 68. Disorderly conduct — pen- 

| alty .] Whoever is disorderly at a pri- 
5 mary shall forfeit a sum not exceed- 
! ing twenty-five (25) dollars. 

§ 69. Wagers — penalty.] Whoever 
■ bets or wagers any money, property 
or other valuable thing upon the result 
of the primary, or bets or wagers 
i money, property or other valuable 
thing upon the number of votes which 
iinay be given to any person at a pri- 
Imary, or shall receive the greatest 
number of votes at a primary, or 
agrees to pay any other person any 
money, property or other valuable 
thing in the event that a primary shall 
result in one way, or in the event that 
any person shall or shall not be nomi¬ 
nated or shall receive a greater num- 
jber of votes than others, upon con- 
iviction thereof shall be fined in a sum 
Inot exceeding one thousand (1,000) 
dollars, or imprisoned in the county 
!jail not exceeding one year, or both, 
jin the discretion of the court. 

§ 70. Offenses of judge—penalty.] 
(1) If any judge of a primary shall 
:permit a person to vote whose vote is 


73 




challenged, without the proof required 
in this Act; or, 

(2) Shall knowingly and wilfully j 
permit a person to testify as a witness I 
contrary to the provisions of this Act; I 
or, 

(3) Shall knowingly permit a per¬ 
son to vote who is not qualified accord¬ 
ing to law; or, 

(4) Shall knowingly receive and 
count more than one vote from the 
same person at the same primary for 
the same office, except as allowed by 
law; or, 

(5) Shall refuse to receive the vote* 
of a qualified primary elector at suchj 
primary, who will make the affidavit! 
of and proof required by this Act; or, 

(6) Shall be guilty of any fraud,, 
corruption or manifest misbehavior;] 
or, 

(7) Shall open or unfold any ballot I 
when the same is presented to be de- : 
posited in the ballot box; or, 

(8) Shall wilfully neglect to per¬ 
form any of the duties required of him 
by this Act; shall, on conviction there¬ 
of, be fined in a sum not exceeding one 
thousand (1,000) dollars, or impris¬ 
oned in the county jail not exceeding 
one year, or both, in the discretion of 
the court. 

§ 71. Disclosing how elector voted 
—penalty.] If any person wilfully or j 
corruptly ascertains, publishes or re- { 
veals how a primary elector voted at a 
primary, he shall, on conviction there- 1 
of be fined in any sum not exceeding | 
one thousand (1,000) dollars, or im- | 






[prisoned in the county jail not exceed¬ 
ing one year, or both, in the discretion 
of the court. 

§ 72. Offenses of clerk—penalty.] 
If any clerk of a primary shall wilfully 
Ineglect to perform any duty required 
of him as primary clerk, or shall be 
jguilty of fraud, corruption or misbe¬ 
havior, he shall, on conviction thereof, 
be fined in a sum not exceeding five 
hundred (500) dollars, or imprisoned 
jin the county jail not exceeding six 
5 months, or both, in the discretion of 
the court. 

§ 73. Failure to deliver returns, 
Ietc.—penalty.] If any judge, clerk or 
messenger, after having been deputed 
by the primary judges to carry the 
primary poll books, tally sheets and 
I returns of such election to the place 
where by law they are required to be 
canvassed, wilfully or negligently fails 
I to deliver such primary poll books, 
tally sheets or returns within a time 
prescribed by law, with the seal un¬ 
broken, he shall, upon conviction there¬ 
of, be fined in a sum not exceeding five 
hundred (500) dollars or imprisoned 
in the county jail not exceeding six 
! months, or both, in the discretion of 
the court. 

§ 74. Neglect or refusal of clerk— 
penalty.] If any county, city or town 
clerk wilfully refuses to perform any 

I duty required of him by this Act, he 
shall, upon conviction thereof, be fined 
in a sum not exceeding five hundred 
(500) dollars and shall be liable to 
the person injured by reason of such 
neglect or refusal in an amount not 


75 




exceeding five hundred (500) dollars, 
to be recovered in an action on the 
case. 

§ 75. Offenses in canvassing re¬ 
turns — penalty.] If any person whose 
duty it is to canvass the returns or 
make a tabulated statement thereof, 
shall be guilty of fraud, corruption or 
misbehavior in not canvassing the re¬ 
turns or making a tabulated statement 
thereof, he shall, upon conviction, be 
fined in any sum not exceeding five 
hundred (500) dollars or be impris¬ 
oned in the county jail not exceeding 
one year, or both, in the discretion of 
the court. 

§ 76. Stealing or defacing returns 
—penalty.] Whoever shall wilfully and 
wrongfully take or carry away from 
the place where it has been deposited 
for safe keeping, or deface, mutilate 
or change any primary poll book, tally 
sheet or ballot, or any name or figure 
therein, shall, upon conviction there¬ 
of, be fined in a sum not exceeding 
one thousand (1,000) dollars or im¬ 
prisoned in the county jail not exceed¬ 
ing one year, or both, in the discretion 
of the court. 

§ 77. False entries, etc. — penalty.] 
Any person or member of a board or 
any primary judge, clerk or other of¬ 
ficer who is guilty of stealing, wilfully 
and wrongfully breaking, destroying, 
mutilating, defacing, falsifying, or un¬ 
lawfully moving or secreting or de¬ 
taining the whole or any part of any 
ballot box, or any record, primary poll 
book, tally sheet, or copy thereof, oath, 
returns, or any other paper or docu- 


76 




ment provided for in this Act, or who 
t shall fraudulently make any entry, 
; erasure or alteration therein, except 
as allowed and directed by the pro¬ 
visions of this Act, or who permits any 
other person so to do shall, upon con¬ 
i' viction thereof, he fined in a sum not 
exceeding one thousand (1,000) dol¬ 
lars, or imprisoned in the county jail 
! not exceeding one year, or both, in the 
, discretion of the court. 

§78. Other violations — penalty.] 
If any person shall commit any act 
; prohibited herein or refrain from do- 
[ ing any act or duty required to be 
j done herein, and if any person shall in 
j any manner be guilty of a violation of 
this Act, whether the same is denomi¬ 
nated an offense or not, and for which 
no punishment is herein specially pro¬ 
vided, such person shall, upon convic¬ 
tion thereof, be fined in a sum not less 
than twenty-five (25) nor more than 
one hundred (100) dollars, or impris¬ 
oned in the county jail not exceeding 
(one year, or both, in the discretion of 
[the court. 

§ 79. Repeal.] An Act entitled “An 
Act to regulate primary elections of 
voluntary political associations and to 
I punish frauds therein,” approved June 
6, 1889, in force July 1, 1889; an Act 
entitled “An Act providing for primary 
I elections of delegates to nominating 
conventions of political parties or as¬ 
sociations, and to provide for the pur¬ 
ity thereof,” approved April 24, 1899, 
in force July 1, 1899; an Act entitled 
“An Act providing for primary elec¬ 
tions of delegates to nominating con- 




77 




ventions of political parties or associa- ; 
tions and to promote the purity there¬ 
of by regulating the conduct thereof 
and to support the privileges of free 
suffrage thereat by prohibiting certain 
acts and practices in relation thereto 
and providing for the punishment 
thereof,” approved and in force Feb- 
urary 10, 1898, as amended by an Act 
approved May 11, 1901, in force July 1, 
1901; “An Act to provide for the hold¬ 
ing of primary elections by political 
parties,” approved February 21, 1908, 
in force July 1, 1908, and all other 
Acts and part of Acts inconsistent 
with this Act are hereby repealed. 

§ 80. Invalidity.] That the invalid¬ 
ity of any portion of this Act shall not 
affect the validity of any other portion 
hereof, which can be given effect with¬ 
out such invalid part. 


78 








PRIMARY ELECTIONS — GENERAL 
ACT OF 1910, PRESIDENT AND 
U. S. SENATOR. 


§ 1. Amends Sec¬ 
tion 29, Act 
of 1910. 


§ 29. As amended, changes 
time of filing peti¬ 
tions and number 
of signers and omits 
advisory vote on U. 
S. Senator. 


(Senate Bill No. 373. Approved June 27, 1913.) 


An Act to amend section 29 of an Act 
entitled, “An Act to provide for the 
holding of primary elections by po¬ 
litical parties,” approved March 9, 
1910, in force July 1, 1910, as 
amended by an Act approved and in 
force March SO, 1912. 

Section 1. Be it enacted by the Peo¬ 
ple of the State of Illinois, represented 
in the General Assembly: That sec¬ 
tion 29 of an Act entitled, “An Act to 
provide for the holding of primary 
elections by political parties,” ap¬ 
proved March 9, 1910, in force July 1, 
1910, as amended by an Act approved 
and in force March 30, 1912, be 

amended to read as follows: 

§ 29. Any candidate for President of 
the United States or for United States 
Senator may have his name printed 
upon the primary ballot of his political 
party by filing in the office of the Sec¬ 
retary of State not more than sixty 


79 







(60) and not less than thirty (30) j 
days prior to the date of the April 
primary, in any year, a petition signed i 
by not less than one thousand (1,000) | 
nor more than two thousand (2,000) 
primary electors of the party of which 
he is a candidate, and no candidate for 
President of the United States nor for i 
United States Senator, who fails to 
comply with the provisions of this 1 
Act, shall have his name printed upon j 
any primary ballot: Provided, that 
the vote for President of the United 
States as herein provided shall be for 
the sole purpose of securing an ex¬ 
pression of the sentiment and will of 
the party voters with respect to can¬ 
didates for nomination for said office 
and the vote of the State at large 
shall be taken and considered as ad¬ 
visory to the delegates and alternates i 
at large to the National conventions of | 
the respective political parties; and 
the vote of the respective congres¬ 
sional districts shall be taken and con- j 
sidered as advisory to the delegates 
and alternates of said congressional , 
districts' to the National conventions 
of the respective political parties.* 


* Note.—Two acts were passed by the Forty- | 
eighth General Assembly, amending Section 29 j 
of the General Primary Law. The above Sec- f 
tion is contained in Senate Bill No. 373, f 
Laws of 1913, Page 330. The other amendment J 
will be found on page 28. The Attorney Gen- | 
eral in an opinion addressed to the Secre- ? 
tary of State, holds that the Act last approved ] 
will govern, to-wit: Section 29, found in the i 
general Act, approved June 30, 1913. 


80 







LEGISLATIVE PRIMARY ELECTION 
LAW. 


An Act to provide for the holding of 
primary elections by political par¬ 
ties for the nomination of members 
of the General Assembly and the 
election of senatorial committeemen. 
[Approved March 9, 1910. As 

amended and in force July 1, 1913. 

Section 1. Nominations for mem¬ 
bers OF GENERAL ASSEMBLY-SENATOR¬ 

IAL committeemen.] Be it enacted 
by the People of the State of Illinois , 
represented in the General Assembly: 
The nomination of all candidates for 
members of the General Assembly by 
all political parties, and the election 
of senatorial committeemen, as defined 
in section 2 of this Act shall be made 
in the manner provided in this Act 
and not otherwise. 

The name of no person nominated 
by a party required hereunder to make 
nominations of candidates for mem¬ 
bers of the General Assembly shall be 
placed upon the official ballot to be 
voted at the election to be held the 
first Tuesday after the first Monday in 
the month of November, A. D. 1910, 
as a candidate unless such person 


81 






shall have been nominated for such 
office under the provisions of this Act, 
and all nominations made prior to 
July 1, A. D. 1910, of candidates for 
such office to be voted for at said elec¬ 
tion are hereby declared of no effect, 
and no nomination for any such office 
made prior to July 1, A. D. 1910, shall 
entitle any person so nominated to 
have his name placed upon the official 
ballot to be voted at said election. 

§ 2. Political party defined.] The 
term “political party” as used in this 
Act shall mean a political party which, 
at the next preceding election for Gov¬ 
ernor polled at least two per cent of 
the entire vote cast in the State. 

§ 3. Words and phrases.] The fol¬ 
lowing words and phrases in this Act 
shall, unless the same be inconsistent 
with the context, be construed as fol¬ 
lows: 

(1) The words “senatorial office” or 
“senatorial officer,” State Senator and 
Representatives in the General As¬ 
sembly. 

§ 4. Date of primary.] A primary 
shall be held on the first Wednesday 
after the second Tuesday in Setpem- 
ber, in the year A. D. 1914, and every 
two years thereafter for the nomina¬ 
tion of candidates for senatorial offi¬ 
cers and for the election of senatorial 
committeemen. 

Whenever, in this Act, the term, 
“April primary” or equivalent words 
shall appear such term or such words 


82 






shall be construed to refer to and in¬ 
clude the primary to be held on the 
first Wednesday after the second Tues¬ 
day in September. [As amended June 
27, 1913. 

§ 5. Senatorial committee — how 
[elected.] There shall be constituted a 
senatorial committee for each senator¬ 
ial district: Provided, however, that 
nothing herein contained shall prevent 
1 a political party from electing or ap¬ 
pointing in accordance with its prac- 
| tice any other committees. 

The senatorial committee of each po- 
jlitical party shall be elected as follows: 

(a) In senatorial districts comprised 
of three or more counties, the senator¬ 
ial committee shall be composed of 

I one member elected from each county 
of such senatorial district. 

At the September primary held in 
the year A. D. 1910, and at the April 
primary held every two years there¬ 
after, each primary elector may vote 
for one candidate of his party residing 
in his county for members [member] 
of the senatorial committee of his 
party. 

(b) In senatorial districts comprised 
of -two counties, the senatorial com¬ 
mittee shall be composed of three 
members, two of whom shall be elected 
from the county in which such politi¬ 
cal party at the general election for 
State and county officers then next 
preceding a primary polled the larger 
number of votes in such senatorial 
district, and one of whom shall be 


83 





elected from the other county of such 
senatorial district. 

At the September primary held in 
the year A. D. 1910, and at the April 
primary held every two years there¬ 
after, each primary elector, residing in 
a county in which such political party 
at the general election for State and 
county officers then next preceding a 
primary polled the larger number of 
votes in such senatorial district, may 
vote for two candidates of his party, 
residing in his county, for members 
of the senatorial committee of his 
party (and at such primary in the 
other county of such senatorial dis¬ 
trict, each primary elector may vote 
for one candidate of his party) residing 
in his county for member of the sena¬ 
torial committee of his party. 

(c) In senatorial districts composed 
of one county, and in senatorial dis¬ 
tricts wholly within the territorial 
limits of one county, or partly within 
the territorial limits of one county, 
and partly within the territorial limits 
of another county, the senatorial com¬ 
mittee shall be composed of three 
members elected from such senatorial 
district. 

At the September primary held in 
the year A. D. 1910, and at the April 
primary held every two years there* 
after, each primary elector may vote 
for three candidates of his party, re¬ 
siding in such senatorial district, for 
members of the senatorial committee 
of his party. 

Within thirty days after its election, 
the senatorial committee shall meet 


84 


and proceed to organize by electing 
t from among its own number a chair- 
i man, and either from its own number 
* or otherwise, such other officers as 
I said committee may deem necessary or 
| expedient. The outgoing chairman of 
». the senatorial committee of the party 
| shall notify the members elected of the 
, time and place (which shall be in the 
I limits of such senatorial district) of 
1 such meeting. 

§ 6. Existing party committees rec- 

I OGNIZED-PETITION-NUMBER OF SIGN- 

I ers.] The various political party com- 
K mittees now in existence are hereby 
■ recognized and shall exercise the pow- 
lers and perform the duties herein pre¬ 
scribed until committeemen are chosen, 
in accordance with the provisions of 
| this Act. The name of no candidate 
for nomination or senatorial commit¬ 
teeman shall be printed upon the pri- 
imary ballot unless a petition for nom¬ 
ination shall have been filed in his be- 
I half as herein provided. 

All petitions for nomination shall be 
signed as follows: 

(a) If for a senatorial office, by at 
| least one-half of one per cent of the 
ij qualified primary electors of his party 
] in his senatorial district. 

(b) If for senatorial committeemen, 

; by at least ten of the primary electors 

of his party of the county where the 
senatorial district is co-extensive with 
one county or is composed of more 
j than one county; but in case the sena¬ 
torial district is wholly within the 
territorial limits of one county, or 


85 







I 

■ 

' I 

partly within the territorial limits of 
one county and partly within the ter- I 
ritorial limits of another county, then fj 
such petition shall be signed by at 
least ten (10) of the primary electors •! 
of his party of his senatorial district, "ij 

In determining the total numbers 
[number] of names necessary to con- | 
stitute a valid petition for a candidate •! 
for nomination for a senatorial office 1 
as required by this section, the test | 
shall be one-half of one per cent of the 1 
total vote cast by his party for Gover- I 
nor in the senatorial district at the I 
election for Governor then next pre- | 
ceding the primary. 

§ 7. Filing of petitions — with- ] 
drawals.] All petitions for nomina- i 
tions shall be filed as follows: 

(1) Where the nomination is made 
for a senatorial office such petition for 
nomination shall be filed in the office 
of the Secretary of State, not more 
than sixty (60) and not less than forty ; 
(40) days prior to the date of the 
primary. 

(2) The petitions of candidates for 
senatorial committeemen shall be filed ] 
in the office of the county clerk not 
more than sixty (60) and not less ,j 
than forty (40) days prior to the date i 
of the primary. 

(3) The Secretary of State and the j 
various clerks with whom such peti- ’ 
tions for nomination are filed shall 
endorse thereon the day and hour on 
which each petition was filed. 

(4) Any person for whom a petition 
for nomination or for senatorial com- 


86 






mitteeman has been filed may cause 
his name to be withdrawn in writing, 
signed by him, duly acknowledged be¬ 
fore an officer qualified to take ac¬ 
knowledgments of deeds and filed in 
the office of the Secretary of State, not 
less than thirty-five (35) or with the 
proper clerk not less than thirty-five 
(35) days prior to the day of the pri¬ 
mary and no names so withdrawn 
shall be certified by the Secretary of 
State to the county clerk or printed 
on the primary ballot. [As amended 
June 27, 1913. 

§ 8. CERTFICATION TO COUNTY CLERK 
AND ELECTION COMMISSIONERS.] Not leSS 

than thirty (30) days prior to the date 
of the primary, the Secretary of Stg*te 
shall certifiy to the county clerk of 
each county the names of all candi¬ 
dates for senatorial offices as specified 
in the petitions for nominations on file 
in his office, which are to be voted for 
in such county, stating in such certifi¬ 
cates the political affiliations of each 
candidate for nomination as specified 
in said petition. The Secretary of 
State shall, in his certificate to the 
county clerk, certify to said county 
clerk the names of the candidates in 
the order in which said names shall 
appear upon the primary ballot, said 
names to appear in the order in which 
petitions shall have been filed in the 
office of the Secretary of State, except 
as otherwise provided in this Act. 

Not less than twenty-eight days (28) 
prior to the date of the primary, the 


87 


% 




county clerk shall certify to the board 
of election commissioners, if there be 
any such board in his county, the 
names of all candidates so certified to 
him by the Secretary of State, together 
with the names of all candidates for 
senatorial committeemen in the dis¬ 
tricts wholly or partly within the jur¬ 
isdiction of said board and in the or¬ 
der in which such names are certified 
to him, or in which petitions are filed 
in his office. [As amended June 27, 
1913. 

§ 9. Ballots — by whom printed — 
names.] The county clerk of each 
county or the Board of Election Com¬ 
missioners, as the case may be, shall 
prepare and cause to be printed the 
primary ballot of each political party 
for each precinct in his respective 
county and the names of all candidates 
provided in this Act which are certi¬ 
fied to the office of the county clerk by 
the Secretary of State and of all can¬ 
didates for senatorial committeeman 
whose petitions have been filed in said 
office shall be placed on the same ballot 
as candidates for other offices for nom¬ 
inations, to be voted for at the same 
primary election, properly arranged, 
however, under the name of each office. 
Below the name of the office of Rep¬ 
resentative in the General Assembly 
shall be printed in small letters the 
directions to the voters, “vote for one. 
two or three.” 

§ 10. Names on ballot—order.] The 
Secretary of State shall in his certifi¬ 
cate to the county clerk certify to said 


88 



county clerk the position which the 
names of candidates for senatorial of¬ 
ficers [offices] shall occupy upon the 
primary ballot with reference to the 
position of candidates for other offices. 
The names of the candidates for sena¬ 
torial committeemen shall, under the 
proper heading, be placed on the pri¬ 
mary ballot immediately after the 
names of the candidates for senatorial 
offices, in the order in which their peti¬ 
tions were filed in the office of the 
county clerk. 

§ 11. Representatives in general 

ASSEMBLY-NUMBER—HOW VOTED FOR.] 

At least thirty-three (33) days prior to 
the date of the April primary the sena¬ 
torial committee of each political 
party shall meet and, by resolution fix 
and determine the number of candi¬ 
dates to be nominated by their party 
at the primary for Representative in 
the General Assembly. A copy of said 
resolution, duly certified by the chair¬ 
man and attested by the secretary of 
the committee, shall within five days 
thereafter be filed in the office of the 
Secretary of State, and in the office of 
the county clerk of each county in the 
senatorial district. 

In all primaries for. the nomination 
of candidates for Representatives in 
the General Assembly each qualified 
primary elector may cast three votes 
for one candidate or may distribute 
the same or equal parts thereof among 
two candidates or three candidates as 
he shall see fit. And the said candi¬ 
date or candidates for nomination 


89 



highest in votes shall be declared nom¬ 
inated for the office to be filled. 

§ 12. Canvass of votes — how 
counted.] The votes for the nomina¬ 
tion of candidates for Representative 
in the General Assembly shall be can¬ 
vassed in the following manner. 

(1) When a cross is placed in the 
squares preceding the names of three 
(3) candidates and the ballot for Rep¬ 
resentative in the General Assembly 
is not otherwise marked it shall be 
counted as one vote for each candidate. 

(2) When a cross is placed in the 
squares preceding the names of two 
candidates, and the ballot for Repre¬ 
sentative in the General Assembly is 
not otherwise marked, it shall be 
counted as one and one-half (1%) 
votes for each of such candidates. 

(3) When a cross is placed in the 
square preceding the name of one can¬ 
didate, and the ballot for Representa¬ 
tive in the General Assembly is not 
otherwise marked, it shall be counted 
as three (3) votes for such candidate. 

(4) When the ballot has been so 
marked as to indicate the intention to 
cast more than, three votes for the 
nomination of candidates for Repre¬ 
sentatives in the General Assembly, 
such ballot shall not be counted for 
any of such candidates. 

The requisite number of persons re¬ 
ceiving the highest number of votes 
as candidates of their party in any 
county, or senatorial district, as the 


90 




case may be, for senatorial committee¬ 
men, shall be declared elected senator¬ 
ial committeemen from such county, 
or senatorial district. 

If the primary elector marks more 
names upon the primary ballot than 
there are persons to be nominated as 
candidates for State Senator or for 
senatorial committeeman, or if for any 
reason it is impossible to determine 
the primary elector’s choice of a candi¬ 
date for the nomination for State Sen¬ 
ator or senatorial committeeman, his 
primary ballot shall not be counted for 
the nomination for such office or com- 
I mitteeman. 

§ 13. Returns of primary—canvass, 

CERTIFICATION, TABULATION—CONTESTS.] 

j Except as herein otherwise expressly 
j provided, each, every and all of the 
provisions of any Act relating to the 
holding of primary elections by politi- 
1 cal parties, passed by this extraordi¬ 
nary session of the General Assembly, 
and Acts hereafter passed amendatory 
! thereof shall, so far as the same may 
be applicable, apply to and govern pri¬ 
mary elections and contests thereof 
held under the provisions of this Act. 
The returns of such primary shall be 
made to the county clerk or board of 
election commissioners, as the case 
may be, and shall be canvassed and 
certified as other returns made to the 
county clerk or board of election com¬ 
missioners, as the case may be. The 
county canvassing board, or the board 
of election commissioners, as the case 
may be, shall issue a certificate of 






election to the requisite number of per¬ 
sons of each political party shown by 
the returns to be elected members of 
the senatorial committee. 

Tabulated statements of the returns 
of the primary for the nomination of 
candidates for senatorial offices shall 
be made to the Secretary of State, can¬ 
vassed by the State Primary Canvass¬ 
ing Board, proclamation of the result 
thereof made, and certificates of nomi¬ 
nation issued, as in the case of other 
tabulated statements of returns made 
to the Secretary of State, and the elec¬ 
tion of any person nominated or of 
senatorial committeemen may be con¬ 
tested by filing with the clerk of the 
circuit court a petition in writing and 
filing notice in writing with the proper 
canvassing boards as required by the 
Acts last referred to and the pains and 
penalties prescribed in the Acts last 
referred to shall apply to and govern 
all elections held under this Act. [As 
amended June 27, 1913. 

§ 14. Independent candidates.] Noth¬ 
ing in this Act contained shall be con¬ 
strued to prevent the nomination of 
independent candidates by petition, 
as is now or may hereafter be pro¬ 
vided by law. 


92 


ABSENT VOTERS. 


An Act to provide a method of voting 
at any special, general or primary 
election by electors expecting in the 
course of their business or duties to 
be absent from the county in which 
they are electors. 

Section 1. Be it enacted by the Peo¬ 
ple of the State of Illinois represented 
in the General Assembly: That any- 
qualified elector of the State of Illinois 
having duly registered where such 
registration is required, who expects 
in the course of his business or duties 
to be absent from the county in which 
he is a qualified elector on the day of 
holding any special, general or pri¬ 
mary election at which any presiden¬ 
tial preference is indicated or any can¬ 
didates are chosen or elected, for any 
congressional, State, district, county, 
town, city, village, precinct or judicial 
offices, or at which questions of public 
policy are submitted, may vote at such 
election as hereinafter provided. 

§ 2. Application fob ballot.] Any 
elector as defined in the foregoing sec¬ 
tion expecting to be absent from the 
county of his residence on the day of 
such election may not more than fif¬ 
teen nor less than three days prior to 
the date of such election make appli- 


93 





cation to the county clerk or, where 
existing, to the board of election com¬ 
missioners, or other officer or officers 
charged with the duty of furnishing 
ballots for such election in his voting 
precinct, for an official ballot for said 
precinct to be voted at such election. 

§ 3. Form of application.] Applica¬ 
tion for such ballot shall be made on a 
blank to be furnished by the county 
clerk or the board of election commis¬ 
sioners or other officer or officers 
charged with the duty of furnishing 
ballots as aforesaid, as the case may 
be, and shall be substantially in the 
following form: 


Affidavit and Application for Ballot. 
To be voted at the.election 


in the.precinct of the. 

ward in the city or town of. 

county of., and S-tate of 

Illinois. 


State of. . 
County of. 


ss. 


I, .. do solemnly swear 

that I am a resident of the. 

precinct of the town of.\ .., or of 

the.ward in the city of.. 

residing at.in said city or 

town in the county of.. and 

State of Illinois, and entitled to vote 

in such precinct at a.election 

to be held therein on.; that 

my business or duties are., and 

that in the course of my business or 
duties I expect to be absent from the 
said county of my residence on the 
date of holding such election, and that 


94 



















I will have no opportunity to vote in 
person on that day. 

I hereby make application for an 
official ballot or ballots to be voted by 
me at such election, and I agree that 
I shall return said ballot or ballots to 
the official issuing the same in suf¬ 
ficient time for such official to deliver 
said ballot or ballots to the proper 
polling place prior to the closing of 
the polls on the date of the election. 


Post office address to which ballot 
is to be mailed: 


Subscribed and sworn to by., 

who is personally known to me before 

me this.day of. 

A. D. 


Official Capacity. 

(Penalty clause set out in full) 
Provided, that if application be made 
for a primary election ballot, such ap¬ 
plication shall designate the name of 
the political party with which the ap¬ 
plicant is affiliated. 

§ 4. Official to deliver or mail bal¬ 
lot.] Immediately upon the receipt of 
such application, and not more than 
fifteen nor less than three days prior 
to such election, it shall be the duty 
of such county clerk or board of elec¬ 
tion commissioners or other officer or 
officers charged with the duty of fur¬ 
nishing ballots as aforesaid, as the 
case may be, to mail, postage prepaid, 
an official ballot or ballots, if more 


95 















than one are to be voted at said elec¬ 
tion, or such officer or officers shall 
deliver said ballot or ballots to any 
qualified elector applying in person at 
the office of such officer or officers and 
subscribing to the foregoing applica¬ 
tion not more than ten nor less than 
three secular days before said election. 

§ 5. Envelope for ballot.] It shall 
be the duty of said county clerk or 
board of election commissioners or 
other officer or officers as aforesaid to 
fold the ballot or ballots in the manner 
specified by the statute for folding bal¬ 
lots prior to their deposit in the ballot 
box, and he shall enclose such ballot 
or ballots in an envelope unsealed to 
be furnished by him, which envelope 
shall bear upon the face thereof the 
name, official title and post office ad¬ 
dress of such officer or officers, and 
upon the other side a printed affidavit 
in substantially the following form: 
State of Illinois \ 

t ss. 

County of| 

I, .. do solemnly swear 

that I am a resident of the.. 

precinct of the town of.. or 

of the.ward in the city of 

.. residing at.in 

said city or town in the county of 

.and State of Illinois, and 

am entitled to vote in su,ch precinct 


at the.election to be held on 

.; that my business or duties 

are.; and that in the course 


of my business or duties I expect to 
be absent from the said county of my 
residence on the date of said election. 


96 












I further swear that I marked the 
enclosed ballot in secret. 


Subscribed and sw r orn to before me, 
an officer duly authorized under the 
laws of this State to administer oaths, 

this.day of.A. D. 

., and I hereby certify that the 

affiant exhibited the enclosed ballot to 
me unmarked, and that he then in my 
presence and in the presence of no 
other person and in such manner that 
I could not see his vote, marked such 
ballot and enclosed and sealed the 
same in this envelope, and that the 
affiant was not solicited or advised by 
me to vote for or against any candi¬ 
date or proposition. 


Official Capacity. 

Provided, that if the ballot enclosed 
is to be voted at a primary election 
the affidavit shall designate the name 
of the political party with which the 
voter is affiliated. 

In addition to the above, the said 
officer and officers shall provide printed 
slips giving full instructions regarding 
the manner of marking and returning 
the ballot in order that the same may 
be counted, and shall furnish one of 
said printed slips to each of said ap¬ 
plicants at the same time the ballot is 
delivered to him. 

§ 6. Affidavits, marking and re¬ 
turning ballot.] Such absent voter 
shall make and subscribe to the affi¬ 
davits provided for in the application 


97 








and on the return envelope for said 
ballot before an officer authorized by 
law to administer oaths and such voter 
shall exhibit the ballot to such officer 
unmarked, and shall thereupon in the 
presence of such officer and of no other 
person mark such ballot or ballots, but 
in such manner that such officer can 
not know how such ballot is marked, 
and such ballot or ballots shall then in 
the presence of such officer be refolded 
by such voter in the manner required 
to be folded before depositing the same 
in the ballot box, and be in the pres¬ 
ence of such officer deposited in such 
envelope and the envelope securely 
sealed. Such officer shall then endorse 
his certificate upon the back of said 
envelope and said envelope shall be 
mailed by such voter, postage prepaid, 
to the officer issuing the ballot or, if 
more convenient, it may be delivered 
in person, hut in any event it must be 
returned into the hands of the officer 
in sufficient time for said ballot or bal¬ 
lots to be delivered by such officer to 
the proper polling place before the 
closing of the polls, on the day of the 
election. 

§ 7. Custody of the ballot.] Upon 
receipt of such absent voter’s ballot, 
the officer or officers above described 
shall forthwith enclose the same un¬ 
opened, together with the application 
made by said absent voter in a larger 
or carrier envelope which shall be se¬ 
curely sealed and endorsed with the 
name and official title of such officer 
and the words, “This envelope contains 


98 



an absent voter’s ballot and must be 
opened only at the polls on election 
day immediately after said polls are 
closed,” together with the number and 
description of the precinct in which 
said ballot is to be voted, and such 
officer shall thereafter safely keep the 
same in his office until delivered by 
him as provided in the next section. 

§ 8. Envelopes—delivery to judges 
of election.] In case an absent voter’s 
ballot is received by the said officer 
prior to the delivery of the official bal¬ 
lots to the judges of election of the 
precinct in which said elector resides, 
such ballot envelope and application, 
sealed in the carrier envelope, shall be 
enclosed in such package and there¬ 
with delivered to the judges of such 
precinct. In case the official ballots 
for such precinct have been delivered 
to the judges of election at the time 
of the receipt by the county clerk, 
board of election commissioners, or 
other officer or officers as aforesaid, of 
such absent voter’s ballot, such officer 
shall immediately enclose said en¬ 
velope containing the absent voter’s 
ballot, together with his application 
therefor, in a larger or carrier enve¬ 
lope which shall be securely sealed and 
addressed on the face to the judges of 
election, giving the name or number 
of precinct, street and number of poll¬ 
ing place, city or town in which such 
absent voter is a qualified elector, and 
the words, “This envelope contains an 
absent voter’s ballot and must be 
opened only on election day at the 


99 


polls immediately after the polls are 
closed,” mailing the same, postage pre¬ 
paid, to such judges of election, or if 
more convenient, such officer may de¬ 
liver such absent voter’s ballot to the 
judges of election in person or by duly 
deputized agent, said officer to secure 
his receipt for delivery of such ballot 
or ballots. All absent voters ballots 
returned to the officer supplying the 
same too late to be delivered to the 
proper polling place before the closing 
of the polls on the day of election shall 
be endorsed by the official receiving 
the same with the day and hour of 
receipt and shall be safely kept un¬ 
opened by such officer for the period 
of time required for the preservation 
of ballots used at such election, and 
shall then, without being opened, be 
destroyed in like manner as the used 
ballots of such election. 

§ 9. Opening envelope and voting 
ballot.] At the close of the regular 
balloting and at the close of the polls 
the judges of election of each voting 
precinct shall proceed to cast the ab¬ 
sent voters’ ballots separately, and as 
each absent voter’s ballot is taken 
shall open the outer or carrier envel¬ 
ope, announce the absent voter’s name, 
and compare the signature upon the 
application with the signature upon 
the affidavit on the ballot envelope. In 
case the judges find the affidavits 
properly executed, that the signatures 
correspond, that the applicant is a 
duly qualified elector in the precinct, 
and that the applicant has not voted 


100 


in person at such election, they shall 
open the envelope containing the ab¬ 
sent voter’s ballot in such manner as 
not to deface or destroy the affidavit 
thereon, or mark or tear the ballots 
therein, and take out the ballot or bal¬ 
lots therein contained without unfold¬ 
ing or permitting the same to be un¬ 
folded or examined, and having en¬ 
dorsed the ballot in like manner as 
other ballots are required to be en¬ 
dorsed, shall deposit the same in the 
proper ballot box or boxes and enter 
the absent voter’s name in the poll 
book the same as if he had been pres¬ 
ent and voted in person. 

In case such affidavit or the certifi¬ 
cate of the officer before whom the 
same is taken is found to be insuf¬ 
ficient or that the signatures do not 
correspond, or that the applicant is 
not a duly qualified elector in such 
precinct or that the ballot envelope is 
open or has been opened and resealed, 
or that said voter has already voted 
in person at such election, such vote 
shall not be allowed, but without open¬ 
ing the absent voter’s envelope the 
judge of such election shall mark 
across the face thereof, “Rejected,” 
giving the reason therefor. 

In case the ballot envelope contains 
more than one ballot of any kind, said 
ballots shall not be counted, but shall 
be marked “Rejected,” giving the rea¬ 
son therefor. 

The absent voters’ envelopes and 
affidavits and the absent voters’ en¬ 
velope with its contents unopened, 


101 


when such absent vote is rejected, 
shall be retained and preserved in the 
manner as now provided for the reten¬ 
tion and preservation of official ballots 
rejected at such election. 

§ 10. Challenges.] The challengers 
of the respective parties or candidates 
shall be permitted to be present dur¬ 
ing the casting of the absent voters’ 
ballots and the vote of any absent 
voter may be challenged for cause the 
same as if he were present and voted 
in person, and the judges of the elec¬ 
tion or a majority thereof shall have 
power and authority to hear and de¬ 
termine the legality of such ballot; 
Provided, however, that if a challenge 
to any absent voter’s right to vote is 
sustained, notice of the same must be 
given by the judges of election by mail 
addressed to the voter’s place of resi¬ 
dence. 

§ 11. Ballot of deceased voter.] 
Whenever it shall be made to appear 
by due proof to the judges of election 
that any elector who has marked and 
forwarded his ballot as provided in 
this Act has died prior to the opening 
of the polls on the date of the election, 
then the ballot of such deceased voter 
shall be returned by the judges of 
election in the same manner as pro¬ 
vided for rejected ballots above; but 
the casting of the ballot of a deceased 
voter shall not invalidate the election. 

§ 12. Voting machine.] In all coun¬ 
ties, cities, towns and precincts in 
which voting machines are used, all 
the provisions of the election laws now 


102 


in force and not inconsistent with the 
provisions of this Act relating to the 
furnishing of ballot boxes, printing 
and furnishing official ballots and sup¬ 
plies in such number as provided by 
law, the canvassing of the ballots and 
making the proper return of the re¬ 
sult of the election, shall apply with 
full force and effect; Provided, how¬ 
ever, that the number of ballots to be 
printed shall be in the discretion of 
the officers charged with printing and 
furnishing the same in said precincts, 
towns, cities or counties. 

§ 13. Penalty clause.] If apy per¬ 
son shall wilfully swear falsely to any 
such affidavit, he shall, upon convic¬ 
tion thereof, be guilty or perjury and 
shall be punished as in such case is 
by law provided. If any person who, 
having procured an official ballot or 
ballots as heretofore provided, shall 
wilfully neglect or refuse to cast or 
return same in the manner heretofore 
provided, or shall wilfully violate any 
provision of this Act, he shall be guilty 
of a misdemeanor and shall be fined 
not to exceed one hundred dollars, or 
imprisoned in the county jail not to 
exceed thirty days. If any county 
clerk or member or clerk of the board 
of election commissioners or any other 
election officer or officers shall refuse 
or neglect to perform any of the duties 
prescribed by this Act, or shall violate 
any of the provisions thereof, he shall 
upon conviction be fined not less than 
one hundred dollars nor more than 
one thousand dollars, or imprisoned in 


103 


the county jail not to exceed ninety 
days. 

§ 14. Construction of the statute.] 
This Act shall be deemed to provide 
a method of voting in addition to the 
method now provided by statute, and 
to such extent as amendatory of ex¬ 
isting statutes relating to the manner 
and method of voting. 

§ 15. All Acts and parts of Acts in 
conflict herewith are hereby repealed. 

Atproved June 22, 1917. 


104 




PROMISES OR PLEDGES BY CAN¬ 
DIDATES. 


An Act in relation to promises or 
pledges by candidates for elective 
offices. 

Section 1. Candidates—pledges and 
promises—proviso.] Be it enacted by 
the People of the State of Illinois, rep¬ 
resented in the General Assembly: That 
it shall be unlawful for any candidate, 
in any primary or general election, for 
any elective office in this State, to 
promise, pledge, offer to pledge or agree 
with any person, corporation, associa¬ 
tion or other organization, directly or 
indirectly, that, for and in considera¬ 
tion of a vote or votes, or the influence 
or support or assistance, financial or 
otherwise, of any such person, corpora¬ 
tion, association or other organization, 
he will, if elected, perform or refrain 
from performing, as the case may be, 
any official act to or for the [the] bene¬ 
fit or advantage of such person, corpo¬ 
ration, association or other organiza¬ 
tion, or support or oppose, as the case 
may be, directly or indirectly, any bill 
or measure pending before or to be pre¬ 
sented to the General Assembly of this 
State, or the nomination, confirmation 
or election of any candidate for any 
office necessary to perfect the organi¬ 
zation of the General Assembly of this 
State; provided, that nothing herein 


105 



contained shall be construed to pre¬ 
vent any candidate from making, 
orally or in writing, in private or 
public, a statement as to his view, be¬ 
lief, opinion or position with respect 
to any public question or issue. 

§ 2. Solicitation or promise, pledge 
or agreement.] It shall be unlawful for 
any person, corporation, association or 
other organization to request, solicit, 
induce or otherwise secure or attempt 
to secure, directly or indirectly, from 
any candidate, in any primary or gen¬ 
eral election, for any elective office in 
this State, for and in consideration of 
a vote or votes or influence or support 
or assistance of any kind or character, 
any promise, pledge or agreement that 
such candidate, if elected, will perform 
or refrain from performing, as the 
case may be, any official act to or for 
the benefit or advantage of such per¬ 
son, corporation, association or other 
organization, or support or oppose, as 
the case may be, directly or indirectly, 
any bill or measure pending before or 
to be presented to the General Assem¬ 
bly of this State, or the nomination, 
confirmation or election of any candi¬ 
date for any office necessary to perfect 
the organization of the General As¬ 
sembly of this State: Provided, that 
nothing herein contained shall be con¬ 
strued to prevent any person, corpora¬ 
tion, association or other organization 
from making any statement, private 
or public, announcing his, its or their 
choice of candidates for any such elec¬ 
tive office. 


106 


§ 3. Violations—penalty.] Any vio¬ 
lation of any provision of this Act 
shall be punishable by a fine of not 
less than two hundred dollars ($200) 
or more than one thousand dollars 
($1,000) or by imprisonment in the 
county jail for a period not exceed¬ 
ing sixty (60) days, or both, in the 
discretion of the court. Any candi¬ 
date for any elective office in this 
State who shall violate any provision 
of this Act, if elected to such office, 
shall, in addition to any other penalty 
or penalties imposed for the violation 
of any provision of this Act, forfeit 
all right and claim to hold such office, 
and such office shall be declared va¬ 
cant by the court. [Filed June 26, 
1917. 


107 


PUBLICATION OF ELECTION LIT¬ 
ERATURE. 


An Act to prohibit the publication ancl 
distribution of anonymous printed 
matter relative to the candidacy of 
any person or persons seeking nomi¬ 
nation or election to any public of¬ 
fice, prohibiting the circulation of 
such matter in the name of leagues, 
societies, organizations and associa¬ 
tions, prescribing the manner in 
which printed matter relative to the 
candidacy of any person or persons 
seeking nomination or election to 
any public office may be published 
and distributed, and providing a 
penalty for the violation of its pro¬ 
visions. 

Section 1. Anonymous publications 
prohibited.] Be it enacted by the Peo¬ 
ple of the State of Illinois represented 
in the General Assembly: That it 
shall hereafter be unlawful for any 
person or group of persons, or any 
firm, organization, association, league 
or other body to publish, circulate or 
distribute any pamphlets, circular, 
handbill or other printed matter rela¬ 
tive to the candidacy of any person or 
persons seeking nomination or election 
to any public office unless the same 
shall bear thereon in plain type the 
name and address of the person or 
persons; or the names and addresses 


108 



of the officers of any firm, organiza¬ 
tion, association, league or other body 
causing such matter to be published 
and distributed and in the event that 
two or more persons join in causing 
said matter to be published and dis¬ 
tributed then the names and addresses 
of each of such persons shall be im¬ 
printed thereon in plain type: Pro¬ 
vided , that if more than ten persons 
shall join in publishing and distribut¬ 
ing such matter, then it shall be suf¬ 
ficient if the names and addresses of 
ten of such persons shall be imprinted 
thereon as aforesaid. And provided 
further, that it shall not be necessary 
for any domestic corporation, in good 
standing and organized at least one 
year prior to publishing such matter, 
to print as aforesaid more than its 
full corporate name and address and 
the name of its chief executive officer. 

§ 2. Signing of printed matter.] 
It shall hereafter be unlawful to 
sign or affix to any such printed mat¬ 
ter the name or title of any firm, or¬ 
ganization, association, league, or 
other body or any name or title pur¬ 
porting to be the name of any firm, 
organization, association, league or 
other body or to affix or attach to or 
upon such matter any name, title or 
designation other than is provided for 
and required by the preceding section, 
provided that the printers may be re¬ 
quired by law or ordinance to attach 
to such printed matter a registry num¬ 
ber. 

§ 3. Newspapers, magazines or elec¬ 
tion officials may publish.] Nothing 


109 


in this Act shall be construed to apply 
to any matter or thing published in 
any newspaper, magazine or journal 
recognized and circulating as such 
which matter is published by such 
newspaper, magazine or journal on its 
own behalf and upon its own responsi¬ 
bility and for which it shall not charge 
or receive any compensation whatso¬ 
ever, nor shall it apply to any publica¬ 
tion issued by any legally constituted 
election officials in the performance of 
their duties. 

§ 4. Violations—penalty.] Any per¬ 
son who shall fail to comply with or 
who shall violate any of the provisions 
of this Act shall be deemed guilty of a 
misdemeanor and upon conviction 
thereof shall be fined not less than one 
hundred dollars, ($100.00) nor more 
than five hundred dollars, ($500.00) or 
confined in the county jail not longer 
than six months nor less than thirty 
days, or shall be punished by both such 
fine and imprisonment and each pub¬ 
lication shall constitute a separate of¬ 
fense. 

§ 5. Repeal.] All Acts or parts of 
Acts which are inconsistent with the 
provisions of this Act are hereby re¬ 
pealed. 

Approved June 26, 1917. 


110 



NOMINATION OF JUDGES OF SU¬ 
PERIOR COURT OF COOK 
COUNTY, AND CIRCUIT JUDGES. 


An Act to provide for the nomination 
by political parties of judges of the 
Superior Court of Cook County and 
of all circuit judges. 

Section 1. Convention—who to con¬ 
stitute.] Be it enacted by the Peo¬ 
ple of the State of Illinois, represented 
in the General Assembly: That can¬ 
didates of any political party as de¬ 
fined in section two of an Act entitled, 
“An Act to provide for the holding of 
primary elections by political parties,” 
approved March 9, 1910, in force July 
1, 1910, for the office of judge of the 
Circuit Court in any county of the 
State of Illinois, and for the office of 
judge of the Superior Court of Cook 
County, shall be nominated at a con¬ 
vention of the members of such party’s 
county convention as created by sec¬ 
tion 10 of said Act as amended by an 
Act approved June 30, 1913, in force 
July 1, 1913. 

If any judge or judges of the Cir¬ 
cuit Court are to be elected in any 
circuit comprising more than one 
county, such convention shall be com¬ 
posed of the members of each of the 
county conventions of the counties in 
such circuit. 

§ 2. Convention—place of holding.] 
Such conventions shall be convened 


111 





at the county seat of the county, 
when such circuit is included in one 
county. If such circuit includes more 
than one county, it shall meet at the 
county seat of the county having the 
largest population but a majority of 
the delegates constituting such con¬ 
vention may designate the place with¬ 
in such circuit that such convention 
shall be held. 

§ 3. Convention —call —time—etc.] 
At least 75 days prior to the time 
such judges are to be elected, the 
chairman of the county central com¬ 
mittee respectively of each political 
party (or in case a circuit comprises 
more than one county then the chair¬ 
man of the county central committees 
of such counties comprised within said 
circuit, or a majority thereof) shall 
file in the office of the Secretary of 
State a call for the conventions of 
their respective parties for nominating 
such judicial candidates to be voted 
for at such election. Said call shall 
state, among other things, the time 
and place, (designating the building 
and hall (for holding such convention. 
The time designated for holding such 
convention shall be not more than 60 
days nor less than thirty-one days be¬ 
fore said election. Should any county 
chairman fail to make the call herein 
provided or should the chairman of 
the county central committees (in the 
event that any such circuit comprises 
more than one county) fail to agree 
upon a place for such convention or to 
make a call therefor as herein pro¬ 
vided, at least seventy-five days before 


112 


said election, then the Secretary of 
State shall immediately upon such 
failure himself make the call as here¬ 
in provided. 

§ 4. Delegates — votes allowed.] 
Each of the delegates to such con¬ 
vention shall have one vote, and one 
additional vote for each fifty (50) 
votes, or major fraction thereof, of his 
party, cast in his precinct or political 
subdivision for Governor at the last 
general election. 

§ 5. Certification of nominations.] 
All such nominations made by such 
conventions shall be duly certified to 
the Secretary of State by the presid 
ing officer thereof, and when certi¬ 
fied shall be placed upon the official 
ballot to be voted for at said election. 
Not less than fifteen days before said 
election the Secretary of State shall 
certify to the county clerk of each 
county within which the electors may 
by law vote for such candidates as may 
be nominated hereunder the name of 
the person or persons nominated for 
such office as shown by the certificate 
of such presiding officer on file in his 
office. 

§ 6. Repeal.] All laws, and parts of 
laws, inconsistent herewith are hereby 
repealed. 

Approved June 25, 1917. 


113 

































































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